t,aa  DOS 

FOR  OFFICIAL  USE  ONL 


BASIG  PATENT  AND 
TRADE-MARK  LAWS 


OF  THE 


PRINCIPAL  BELLIGERENT  POWERS 


TOGETHER  WITH 


WAR  LEGISLATION,  ORDINANCES,  AND  EDICTS 
SINCE  AUGUST  1,  1914 


AFFECTING 


PATENTS,  TRADE-MARKS,  AND  DESIGNS 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1919 


\ 


i 


GIFT   OF 


Basic  Patent  and  Trade-Mark  Laws 

of  the 

Principal  Belligerent  Powers 

together  with 

War  Legislation,  Ordinances,  and  Edicts 
Since  August  1,  1914,  to  January  1,  1919 

affecting 

Patents,  Trade-Marks,  and  Designs 


The  documents  contained  herein  are  compiled  from  the  following  publications: 
"  Patent  Laws  of  the  World,"  published  by  the  British  Chartered  Institute  of 
Patent  Agents;  "La  Propriete  Industrielle ; "  "The  Patent  and  Trade-Mark 
Review,"  New  York;  "  The  United  States  Official  Gazette,"  and  other  sources, 
and  have  been  collected  by 

LAWRENCE  LANGNER,  Esq. 

and 

WILLIAM  WALLACE  WHITE,  Esq. 

of  New  York  City 


(,The  collection  is  not  to  be  regarded  as  complete ;  certain  laws,  edicts,  and 
decrees  not  being  available  at  the  time  of  making  this  compilation  ) 


Washington 

Government  Printing  Office 
1919 


V1 


INDEX. 


INTERNATIONAL  UNION  FOR  THE  PROTECTION  OF  INDUSTRIAL 
PROPERTY : 

Convention  of  Paris,  March  20,  1883,  as  revised  December  14.  1900, 

and  June  2,  1911 3 

Final  Protocol,  April  29,  1913 9 

Original  Convention  for  Protection  of  Industrial  Property,  March  20, 

1883 13 

Final  Protocol  of  the  close  of  same 18 

Arrangement  of  April  14,  1891 20 

FOURTH  INTERNATIONAL  CONGRESS  OF  AMERICAN  STATES : 

Patents  Convention,  August  20,  1910 28 

Trade-mark  Convention,  August  20,  1910 30 

AUSTRIA : 

Basic  Patent  Law.  January  11,  1897 36 

Adhesion  to  International  Agreements,  December  29,  1908 74 

Austro-Hungarian  Trade-mark  Law,  January  6,  1890 76 

War  Legislation,  chronologically  arranged 82 

BELGIUM : 

Basic  Patent  Law,  May  24,  1854 103 

War  Legislation,  chronologically  arranged 108 

CANADA : 

Basic  Patent  Law,  1906 114 

War  Legislation,  chronologically  arranged 132 

FRANCE : 

Basic  Patent  Law,  July  5,  1844 137 

Law  of  April  15,  1902,  relative  to  ratifying  International  Unions—  147 

Law  of  April  11,  1908,  for  temporary  protection  of  industrial  property  147 

Basic  Trade-mark  Law,  June  23,  1857 148 

War  Legislation,  chronologically  arranged 159 

GERMANY : 

Basic  Patent  Law,  April  7,  1891 168 

Patent  Agents'  Act,  May  21,  1900 178 

German  Colonies- 
Notice  of  July  21,  1914,  relating  to  Paris  Convention 182 

Petty  Patent  Law  (Gebrauchsmuster) 183 

Basic  Trade-mark  Law,  May  12,  1894 185 

War  Legislation,  chronologically  arranged 192 

GREAT  BRITAIN : 

Act  Concerning  Monopolies,  1623 - 213 

Basic  Patent  Law,  August  28,  1907 214 

Basic  Trade-marks  Act,  1905 249 

War  Legislation,  chronologically  arranged 273 

412126 


II  INDEX. 

HUNGARY : 

Basic  Patent  Law,  July  7,  1895 304 

War  Legislation,  chronologically   arranged—  324 

ITALY : 

Basic  Patent  Law,  January  31,  1864 338 

War  Legislation,  chronologically  arranged 351 

INDIA 362 

JAPAN : 

War  Legislation,  chronologically  arranged 363 

RUSSIA: 

Basic  Patent  Law  of  June  1,  1896__  366 

War  Legislation,  chronologically  arranged 378 

ROUMANIA: 

Law  of  August  18,  1917 381 

UNITED  STATES  OP  AMERICA : 

Basic  Patent  Law,  Constitution  and  Revised  Statutes,  with  amend- 
ments  : 382 

Basic  Trade-mark  Law,  February  20,  1905___  407 

War  Legislation r 419 

(a)   Rulings  of  Patents  Commissioner 419,  420 

(6)   Act  of  July  17,  1916 420 

(c)  Trading-with-the-Enemy  Act  of  October  6,  1917 433 

(d)  Executive  Order,  October  12,  1917,  under  Trading-with-the- 

Enemy  Act 454 

(e)  Rules    and    Forms    of    Federal    Trade    Commission    under 

Trading-with-the-Enemy  Act 462 

(/)  Ruling  of  Federal  Trade  Commission  on  Trade  Names, 

November  30,  1917 473 

(y)  Executive  Order,  April  11,  1918 474 

(7i)  Act  of  July  1,  1918,  for  additional  protection  to  owners  of 

patents 475 


INTERNATIONAL  UNIONS. 


INTERNATIONAL     UNION     FOR     THE     PROTECTION     or     INDUSTRIAL 

PROPERTY. 

CONVENTION  OF  THE  UNION  OF  PARIS,  MARCH  20,  1883,  FOR  THE  PRO- 
TECTION OF  INDUSTRIAL  PROPERTY. 

[Revised  at  Brussels  Dec.  14,  1900,  and  at  Washington  June  2,  1911.] 

His  Majesty  the  Emperor  of  Germany,  King  of  Prussia,  in  the 
name  of  the  German  Empire ;  His  Majesty  the  Emperor  of  Austria, 
King  of  Bohemia,  etc.,  and  King  Apostolic  of  Hungary,  for  Austria 
and  for  Hungary;  His  Majesty  the  King  of  the  Belgians;  the  Presi- 
dent of  the  United  States  of  Brazil ;  the  President  of  the  Kepublic  of 
Cuba;  His  Majesty  the  King  of  Denmark;  the  President  of  the  Do- 
minican Republic;  His  Majesty  the  King  of  Spain;  the  President  of 
the  United  States  of  America ;  the  President  of  the  French  Republic ; 
His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain  and 
Ireland  and  of  the  British  Territories  Beyond  the  Seas,  Emperor  of 
India;  His  Majesty  the  King  of  Italy;  His  Majesty  the  Emperor  of 
Japan;  the  President  of  the  United  States  of  Mexico;  His  Majesty 
the  King  of  Norway;  Her  Majesty  the  Queen  of  the  Netherlands;  the 
President  of  the  Provisional  Government  of  the  Republic  of  Portu- 
gal; His  Majesty  the  King  of  Servia;  His  Majesty  the  King  of 
Sweden;  the  Federal  Council  of  the  Swiss  Confederation;  the  Gov- 
ernment of  Tunis : 

Having  judged  it  expedient  to  make  certain  modifications  and  ad- 
ditions to  the  International  Convention  of  March  20,  1883,  concern- 
ing the  creation  of  an  International  Union  for  the  Protection  of  In- 
dustrial Property,  revised  at  Brussels  December  14, 1900,  have  named 
for  their  plenipotentiaries : 

(Here  follow  the  names  of  such  plenipotentiaries.) 

Who,  after  having  been  given  their  full  respective  powers,  made  in 
good  and  due  form,  have  agreed  upon  the  following  articles : 

ARTICLE  1.  The  contracting  countries  constitute  a  State  of  Union 
for  the  Protection  of  Industrial  Property. 

ART.  2.  The  subjects  or  citizens  of  each  of  the  contracting  coun- 
tries shall  enjoy  in  all  the  other  countries  of  the  Union,  with  regard 
to  patents  of  invention,  models  of  utility,  industrial  designs  or 

3 


INTERNATIONAL  UNIONS. 


rad^-mdrks,  trade-mimes,  the  statements  of  place  of  origin, 
suppression  of  unfair  competition,  the  advantages  which  the  respec- 
tive laws  now  grant  or  may  hereafter  grant  to  the  citizens  of  that 
country.  Consequently,  they  shall  have  the  same  protection  as  the 
latter  and  the  same  legal  remedies  against  any  infringements  of  their 
rights,  provided  they  comply  with  the  formalities  and  requirements 
imposed  by  the  national  laws  of  each  State  upon  its  own  citizens. 
Any  obligation  of  domicile  or  of  establishment  in  the  country  where 
the  protection  is  claimed  shall  not  be  imposed  on  the  members  of 
the  Union. 

ART.  3.  The  subjects  or  citizens  of  countries  which  do  not  form 
part  of  the  Union,  who  are  domiciled  or  own  effective  and  bona  fide 
industrial  or  commercial  establishments  in  the  territory  of  any  of  the 
countries  of  the  Union,  shall  be  assimilated  to  the  subjects  or  citizens 
of  the  contracting  countries. 

ART.  4.  (a)  Any  person  who  shall  have  duly  filed  an  application 
for  a  patent,  utility  model,  industrial  design  or  model,  or  trade-mark, 
in  one  of  the  contracting  countries,  or  the  successor  or  assignee  of 
such  person  shall  enjoy,  for  the  purpose  of  filing  application  in  the 
other  countries,  and  subject  to  the  rights  of  third  parties,  a  right  of 
priority  during  the  periods  hereinafter  specified. 

(6)  Consequently,  the  subsequent  filing  in  one  of  the  other  coun- 
tries of  the  Union,  prior  to  the  expiration  of  such  periods,  shall  not 
be  invalidated  by  acts  performed  in  the  interval,  especially  by  an- 
other application  by  publication  of  the  invention  or  the  working  of 
the  same,  by  the  sale  of  copies  or  the  design  or  model,  nor  by  the  use 
of  the  mark. 

(c)  The  periods  of  priority   above  referred  to   shall  be  twelve 
months  for  patents  and  models  of  utility,  and  four  months  for  in- 
dustrial designs  and  models,  as  also  for  trade-marks. 

(d)  Whoever  shall  wish  to  avail  himself  of  the  priority  of  an 
anterior  filing  shall  be  required  to  make  a  declaration  showing  the 
date  and  the  country  of  this  filing.    Each  country  shall  determine  at 
what  moment,  at  the  latest,  this  declaration  must  be  executed.    This 
information  shall  be  mentioned  in  the  publications  issued  by  the 
competent  Administration,  particularly  on  patents  and  the  specifica- 
tions relative  thereto.     The  contracting  countries  shall  require  of 
one  who  makes  a  declaration  of  priority  the  production  of  a  copy  of 
the  application  (specification,  drawings,  etc.)  previously  filed,  cer- 
tified to  be  a  true  copy  by  the  Administration  which  shall  have  re- 
ceived it.    This  copy  shall  be  dispensed  from  any  legalization.    It 
may  be  required  that  it  be  accompanied  by  a  certificate  of  the  date 
of  filing,  issuing  from  this  Administration,  and  of  a  translation. 
Other  formalities  shall  not  be  required  for  the  declaration  of  priority 
at  the  time  of  the  filing  of  the  application.    Each  contracting  coun- 


INTERNATIONAL  UNIONS.  5 

try  shall  determine  the  consequences  of  the  omisison  of  the  formali- 
ties prescribed  by  the  present  article,  unless  these  consequences  exceed 
the  loss  of  the  right  of  priority. 

(e)  Later  other  justifications  can  be  demanded. 

ART.  4J.  Patents  applied  for  in  the  different  contracting  countries 
by  persons  admitted  to  the  benefit  of  the  Convention  in  the  terms  of 
Articles  2  and  3,  shall  be  independent  of  the  patents  obtained  for  the 
same  invention  in  other  countries,  adherent  or  not  to  the  Union. 

This  provision  shall  be  understood  in  an  absolute  manner,  particu- 
larly in  the  sense  that  the  patents  applied  for  during  the  term  of 
priority  are  independent,  as  much  from  the  point  of  view  of  the 
causes  of  nullity  and  of  forfeiture  as  from  the  point  of  view  of  the 
normal  duration. 

It  applies  to  all  patents  existing  at  the  time  of  entrance  into  force. 

It  shall  be  likewise,  in  case  of  accession  of  new  countries  for  patents 
existing  on  both  sides  at  the  time  of  accession. 

ART.  5.  The  importation,  by  the  patentee,  into  the  country  where 
the  patent  has  been  granted,  of  articles  manufactured  in  any  of  the 
countries  of  the  Union  shall  not  entail  forfeiture. 

However,  the  patentee  shall  be  obliged  to  work  his  patent  accord- 
ing to  the  laws  of  the  country  into  which  he  introduces  the  patented 
objects,  but  with  the  restriction  that  the  patent  shall  not  be  liable  to 
forfeiture  because  of  non-working  in  one  of  the  countries  of  the  Union 
until  after  a  term  of  three  years,  from  the  date  of  the  filing  of  the 
application  in  that  country,  and  only  in  case  the  patentee  shall  fail 
to  show  sufficient  cause  for  his  inaction. 

ART.  6.  Every  trade-mark  regularly  registered  in  the  country  of 
origin  shall  be  admitted  to  registration  and  protected  as  that  in  the 
other  countries  of  the  Union. 

However,  there  may  be  refused  or  invalidated : 

(1)  Marks  which  are  of  a  nature  to  infringe  rights  acquired  by 
third  parties  in  the  country  where  protection  is  claimed. 

(2)  Marks  devoid  of  all  distinctive  character,  or  even  composed 
exclusively  of  signs  or  data  which  may  be  used  in  commerce,  to  des- 
ignate the  kind,  quality,  quantity,  destination,  value,  place  of  origin 
of  the  products,  or  the  time  of  production,  or  become  common  in  the 
current  language  or  the  legal  and  steady  customs  of  commerce  of 
the  country  where  the  protection  is  claimed. 

In  the  estimation  of  the  distinctive  character  of  a  mark,  all  the 
circumstances  existing  should  be  taken  into  account,  particularly 
the  duration  of  .the  use  of  the  mark. 

(3)  Marks  which  are  contrary  to  morals  and  public  order. 

The  country  where  the  applicant  has  his  principal  establishment 
shall  be  considered  as  the  country  of  origin. 


G  INTERNATIONAL   UNIONS. 

If  this  principal  establishment  is  not  located  in  one  of  the  coun- 
tries of  the  Union,  that  to  which  the  applicant  belongs  shall  be  con- 
sidered as  country  of  origin. 

ART.  7.  The  nature  of  the  product  on  which  the  trade-mark  is  to 
be  applied  can  not,  in  any  case,  be  an  obstacle  to  the  filing  of  the 
mark. 

ART.  7*.  The  contracting  countries  agree  to  admit  for  filing  and 
to  protect  marks  belonging  to  associations  the  existence  of  which  is 
not  contrary  to  the  law  of  the  country  of  origin,  even  if  these  associa- 
tions do  not  possess  an  industrial  or  commercial  establishment. 

Each  country  shall  be  judge  of  the  special  conditions  under  which 
an  association  may  be  admitted  to  have  the  marks  protected. 

ART.  8.  Trade-names  shall  be  protected  in  all  the  countries  of  the 
Union  without  the  obligation  of  filing,  whether  it  be  a  part  or  not  of 
a  trade-mark. 

ART.  9.  Any  product  bearing  illegally  a  trade-mark  or  a  trade- 
name  shall  be  seized  at  importation  in  those  of  the  countries  of  the 
Union  in  which  this  mark  or  this  trade-name  may  have  a  right  to 
legal  protection. 

If  the  laws  of  a  country  do  not  admit  of  seizure  on  importation,  the 
seizure  shall  be  replaced  by  prohibition  of  importation. 

The  seizure  shall  be  likewise  effected  in  the  country  where  illegal 
affixing  shall  have  been  made,  or  in  the  country  into  which  the  prod- 
uct shall  have  been  imported. 

The  seizure  shall  be  made  at  the  request  of  the  public  ministry,  or 
any  other  competent  authority,  or  by  an  interested  party,  individual, 
or  society,  in  conformity  to  the  interior  laws  of  each  country. 

The  authorities  shall  not  be  required  to  make  the  seizure  in  transit. 

If  the  laws  of  a  country  admit  neither  of  the  seizure  on  importa- 
tion nor  the  prohibition  of  importation,  nor  seizure  in  said  country, 
these  measures  shall  be  replaced  by  the  acts  and  means  which  the 
law  of  such  country  would  assure  in  like  case  to  its  own  citizens. 

ART.  10.  The  provisions  of  the  preceding  article  shall  be  applicable 
to  any  product  bearing  falsely,  as  indication  of  place  of  production, 
the  name  of  a  definite  locality,  when  this  indication  shall  be  joined 
to  a  fictitious  or  borrowed  trade-name  with  an  intention  to  defraud. 

The  interested  party  is  considered  any  producer,  manufacturer,  or 
merchant,  engaged  in  the  production,  manufacture,  or  commerce  of 
such  product,  and  established  either  in  the  locality  falsely  indicated 
as  place  of  production  or  in  the  region  where  this  locality  is  situated. 

ART.  lOi.  All  the  contracting  countries  agree  to  assure  to  the  mem- 
bers of  the  Union  an  effective  protection  against  unfair  competition. 

ART.  11.  The  contracting  countries  shall  accord,  in  conformity 
with  their  national  laws,  a  temporary  protection  to  patentable  inven- 
tions, working  models,  industrial  models,  or  designs,  as  well  as  to 


INTERNATIONAL  UNIONS. 


trade-marks,  for  products  exhibited  at  international  expositions, 
official  or  officially  recognized,  organized  in  the  territory  of  one  of 
them. 

ART.  12.  Each  of  the  contracting  countries  agrees  to  establish  a 
special  service  for  industrial  property  and  a  central  office  for  the 
communication  to  the  public  of  patents,  working  models,  industrial 
models,  or  designs  and  trade-marks.  This  service  shall  publish,  as 
often  as  possible,  an  official  periodical. 

ART.  13.  The  International  Office  instituted  at  Berne  under  the  name 
of  "  Bureau  international  pour  la  protection  de  la  propriete  indus- 
trielle  "  is  placed  under  the  high  authority  of  the  Government  of  the 
Swiss  Confederation,  which  regulates  its  organization  and  super- 
vises its  operation. 

The  International  Bureau  shall  centralize  information  of  any  na- 
ture relative  to  the  protection  of  industrial  property,  and  form  it  in 
a  general  statistical  report  which  shall  be  distributed  to  all  Admin- 
istrations. It  shall  proceed  to  considerations  of  common  utility  in- 
teresting to  the  Union  and  shall  edit,  with  the  aid  of  the  documents 
put  at  its  disposal  by  the  different  Administrations,  a  periodical  in 
the  French  language  on  questions  concerning  the  object  of  the 
Union. 

Numbers  of  this  periodical,  like  all  the  documents  published  by  the 
International  Bureau,  shall  be  distributed  among  the  Administrations 
of  the  countries  of  the  Union  in  proportion  to  the  number  of  con- 
tributive  units  mentioned  below.  Copies  and  supplementary  docu- 
ments which  shall  be  requested,  either  by  the  said  Administrations,  or 
by  societies  or  individuals,  shall  be  paid  for  separately. 

The  International  Bureau  shall  hold  itself  at  all  times  at  the  dis- 
position of  the  members  of  the  Union,  to  furnish  them  special  infor- 
mation of  which  they  may  have  need,  on  the  questions  relative  to 
the  international  service  of  industrial  property.  It  shall  make  an 
annual  report  of  its  management  which  shall  be  communicated  to 
all  members  of^  the  Union. 

The  official  language  of  the  International  Bureau  shall  be  French. 

The  expense  of  the  International  Bureau  shall  be  borne  in  common 
by  the  contracting  countries.  They  may  not,  in  any  case,  exceed  the 
sum  of  sixty  thousand  francs  per  year. 

In  order  to  determine  the  contributive  part  of  each  of  the  countries 
in  this  sum-total  of  the  expenses,  the  contracting  countries  and  those 
which  later  join  the  Union  shall  be  divided  into  six  classes,  each 
contributing  in  proportion  to  a  certain  number  of  units,  to  wit : 


Units. 
Class  1 25 

Class  2 20 

Class  3__  15 


Units. 

Class  4 10 

Class  5 5 

Class  6 3 


8  INTERNATIONAL  UNIONS. 

These  coefficients  shall  be  multiplied  by  the  number  of  countries 
of  each  class,  and  the  sum  of  the  products  thus  obtained  will  furnish 
the  number  of  units  by  which  the  total  expenses  are  to  be  divided. 
The  quotient  will  give  the  amount  of  the  unit  of  expense. 

Each  of  the  contracting  countries  shall  designate  at  the  time  of 
its  accession,  the  class  in  which  it  wishes  to  be  ranked. 

The-  Government  of  the  Swiss  Confederation  shall  supervise  the 
expenses  of  the  International  Bureau,  make  necessary  advances  and 
draw  up  annual  statements  of  accounts  which  shall  be  communicated 
to  all  the  other  Administrations. 

ART.  14.  The  present  Convention  shall  be  submitted  to  periodical 
revisions  with  a  view  to  introducing  improvements  in  it  of  a  nature 
to  perfect  the  system  of  the  Union. 

To  this  end  Conferences  of  the  delegates  of  the  contracting 
countries  shall  be  held  successively  in  one  of  the  said  countries. 

The  Administration  of  the  country  where  the  Conference  is  to  be 
held  shall  prepare,  with  the  concurrence  of  the  International  Bureau, 
the  works  of  such  Conference. 

The  Director  of  the  International  Bureau  will  assist  at  the  meetings 
of  the  Conferences  and  take  part  in  the  discussion  without  a  vote. 

ART.  15.  It  is  understood  that  the  contracting  countries  reserve  to 
themselves  respectively  the  right  to  make  separately,  between  them- 
selves, special  arrangements  for  the  protection  of  industrial  property,, 
in  so  far  as  these  arrangements  may  not  interfere  with  the  provisions 
of  the  present  Convention. 

ART.  16.  The  countries  which  have  not  taken  part  in  the  present 
Convention  shall  be  permitted  to  adhere  to  it  upon  their  request. 

Notice  of  adhesion  shall  be  made  through  diplomatic  channels  to 
the  Government  of  the  Swiss  Confederation,  and  by  the  latter  to 
all  the  others. 

It  shall  entail  complete  adhesion  to  all  the  clauses  and  admission 
to  all  the  advantages  stipulated  by  the  present  Convention,  and  shall 
take  effect  one  month  after  the  notification  made  by  the  Govern- 
ment of  the  Swiss  Confederation  to  the  other  unionist  countries, 
unless  a  later  date  shall  have  been  indicated  by  the  adhering  country. 

AJRT.  16  J.  The  contracting  countries  have  the  right  to  adhere  at 
any  time  to  the  present  Convention  for  their  colonies,  possessions, 
dependencies,  and  protectorates,  or  for  certain  ones  of  them. 

They  may,  to  this  end,  either  make  a  general  declaration  by  which 
all  their  colonies,  possessions,  dependencies  and  protectorates  are 
included  in  the  adherence,  or  expressly  name  those  included  therein, 
or  simply  indicate  those  excluded  from  it. 

This  declaration  shall  be  made  in  writing  to  the  Government  of 
the  Swiss  Confederation  and  by  the  latter  made  to  all  the  others. 


INTERNATIONAL  UNIONS.  9 

The  contracting  countries  can,  under  like  conditions,  renounce  the 
Convention  for  their  colonies,  possessions,  dependencies  and  pro- 
tectorates, or  for  certain  ones  of  them. 

ART.  17.  The  fulfilment  of  the  reciprocal  obligations  contained  in 
the  present  Convention  is  subordinated,  in  so  far  as  need  be,  to  com- 
pliance with  the  formalities  and  regulations  established  by  the  con- 
stitutional laws  of  those  of  the  contracting  countries  which  are  bound 
to  secure  the  application  of  the  same  which  they  engage  to  do  with 
the  least  possible  delay. 

ART.  1TJ.  The  Convention  shall  remain  in  force  an  indefinite  time, 
until  the  expiration  of  one  year  from  the  day  when  the  renunciation 
shall  be  made. 

This  renunciation  shall  be  addressed  to  the  Government  of  the 
Swiss  Confederation.  It  shall  affect  only  the  country  giving  such 
notice,  the  Convention  remaining  operative  as  to  the  other  contract- 
ing countries. 

ART.  18.  The  present  act  shall  be  ratified,  and  the  ratifications 
filed  in  Washington,  at  the  latest,  April  1,  1913.  It  shall  be  put 
into  execution,  among  the  countries  which  shall  have  ratified  it,  one 
month  after  the  expiration  of  this  period  of  time. 

This  act,  with  its  Final  Protocol,  shall  replace,  in  the  relations  of 
the  countries  which  shall  have  ratified  it:  The  Convention  of  Paris, 
March  20,  1883 ;  the  Final  Protocol  annexed  to  that  act ;  the  Protocol 
of  Madrid,  April  15,  1891,  relating  to  the  dotation  of  the  Inter- 
national Bureau,  and  the  Additional  Act  of  Brussels,  December  14, 
1900.  However,  the  acts  cited  shall  remain  binding  on  the  countries 
which  shall  not  have  ratified  the  present  act. 

ART.  19.  The  present  act  shall  be  signed  in  a  single  copy,  which 
shall  be  filed  in  the  archives  of  the  Government  of  the  United  States. 
A  certified  copy  shall  be  sent  by  the  latter  to  each  of  the  Unionist 
Governments. 

In  witness  whereof,  the  respective  plenipotentiaries  have  signed  the 
present  act. 

Done  at  Washington,  in  a  single  copy,  the  second  day  of  June,  1911., 

(Here  follow  the  signatures.) 

Final  Protocol. 

At  the  time  of  proceeding  to  the  signing  of  the  act  concluded 
on  this  day,  the  undersigned  plenipotentiaries  are  agreed  upon  the 
following : 

To  ARTICLE  1.  The  words  "  Propriete  industrielle "  (industrial 
property)  shall  be  taken  in  their  broadest  acceptation;  they  extend 
to  all  produption  in  the  domain  of  agricultural  industries  (wines, 


10  INTERNATIONAL  UNIONS. 

grains,   fruits,   animals,   etc.),   and   extractives    (minerals,   mineral 
waters,  etc.). 

To  ART.  2.  (a)  Under  the  name  of  patents  are  comprised  the  dif- 
ferent kinds  of  industrial  patents  admitted  by  the  laws  of  the  con- 
tracting countries,  such  as  patents  of  importation,  patents  of  im- 
provement, etc.,  for  the  processes  as  well  as  for  the  products. 

(b)  It  is  understood  that  the  provision  in  Article  2  which  dispenses 
the  members  of  the  Union  from  obligation  of  domicile  and  of  estab- 
lishment has  an  interpretable  character,  and 'must  consequently,  be 
applied  to  all  the  rights  granted  by  the  Convention  of  March  20, 1883, 
before  the  entrance  into  force  of  the  present  act. 

(c)  It  is  understood  that  the  provisions  of  Article  2  do  not  in- 
fringe the  laws  of  each  of  the  contracting  countries,  in  regard  to  the 
procedure  followed  before  the  courts  and  the  competency  of  those 
courts,  as  well  as  the  election  of  domicile  or  the  declaration  of  the 
selection  of  an  attorney  required  by  .the  laws  on  patents,  working 
models,  marks,  etc. 

To  ART.  4.  It  is  understood  that,  when  an  industrial  model  or 
design  shall  have  been  filed  in  a  country  by  virtue  of  the  right  of 
priority  based  on  the  filing  of  a  working  model,  the  term  of  priority 
shall  be  only  that  which  Article  4  has  fixed  for  industrial  models  and 
designs. 

To  ART.  6.  It  is  understood  that  the  provision  of  the  first  para- 
graph of  Article  6  does  not  exclude  the  right  to  require  of  the  de- 
positor a  certificate  of  regular  registration  in  the  country  of  origin, 
issued  by  competent  authority. 

It  is  understood  that  the  use  of  badges,  insignia  or  public  decora- 
tions which  shall  not  have  been  authorized  by  competent  powers,  or 
the  use  of  official  signs  and  stamps  of  control  and  of  guaranty  adopted 
by  a  unionist  country,  may  be  considered  as  contrary  to  public  order 
in  the  sense  of  No.  3  of  Article  6. 

However,  marks,  which  contain,  with  the  authorization  of  com- 
petent powers,  the  reproduction  of  badges,  decorations  or  public  in- 
signia, shall  not  be  considered  as  contrary  to  public  order. 

It  is  understood  that  a  mark  shall  not  be  considered  as  contrary  to 
public  order  for  the  sole  reason  that  it  is  not  in  conformity  with 
some  provision  of  laws  on  marks  except  in  the  case  where  such  pro- 
vision itself  concerns  public  order. 

The  present  Final  Protocol,  which  shall  be  ratified  at  the  same  time 
as  the  act  concluded  on  this  day,  shall  be  considered  as  forming  an 
integral  part  of  this  act,  and  shall  be  of  like  force,  value  and  dura- 
tion. 


INTERNATIONAL  UNIONS.  11 

In  witness  whereof  the  respective  plenipoteniaries  have  signed  the 
present  Protocol. 

Done  at  Washington,  in  a  single  copy,  June  2,  1911. 

Haniel  von  Haimhausen,  H.  Robolski,  Albert  Osterrieth, 
L.  Baron  de  Hengelmuller,  Dr.  Paul  Chevalier  Beck 
de  Mannagetta  et  Lerchenau,  Elemer  Pompery,  J. 
Brunet,  Georges  de  Ho,  Capitaine,  R.  De  Lima  e 
Silva,  J.  Clan,  Juan  Riano  y  Gayangos,  J.  Florez 
Posada,  Edward  Bruce  Moore,  Melville  Church, 
Charles  H.  Duell,  Frederick  P.  Fish,  Robt.  H.  Park- 
inson, Emilio  C.  Joubert,  Pierre  Lefevre-Pontalis, 
Michel  Pelletier,  G.  Breton,  Georges  Maillard,  A. 
Mitchell  Innes,  A.  E.  Bateman,  W.  Temple  Franks, 
Lazzaro  Negrotto  Cambiaso,  Emilio  Venezian,  G.  B. 
Ceccato,  K.  Matsui,  Morio  Nakamatsu,  J.  De  las 
Fuentes,  Snyder  van  Wissenkerke,  J.  F.  H,  M.  Da 
Franca,  Vte.  D'Alte,  Albert  Ehrensvard,  P.  Ritter. 
W.  Kraft.  Henri  Martin,  E.  De  Peretti  de  la  Rocca, 
Ludwig  Aubert,  Antonio  Martin  Rivero. 

And  whereas  the  said  Convention  has  been  duly  ratified  by  the 
United  States  of  America,  Germany,  Austria-Hungary,  the  Domini- 
can Republic,  Spain,  the  French  Republic,  Great  Britain,  Italy, 
Japan,  the  United  Mexican  States,  Norway,  the  Netherlands,  Portu- 
gal, Switzerland  and  Tunis,  and  the  ratifications  were  deposited  with 
the  Government  of  the  United  States,  on  the  1st  day  of  April,  1913 ; 
Now,  therefore  be  it  known  that  I,  WOODROW  WILSON,  President 
of  the  United  States  of  America,  have  caused  the  said  Convention  to 
be  made  public,  to  the  end  that  the  same  and  every  article  and  clause 
thereof  may  be  observed  and  fulfilled  with  good  faith  by  the  United 
States  and  the  citizens  thereof. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  twenty-ninth  day  of  April,  in 
the  year  of  our  Lord,  one  thousand  nine  hundred  and  thirteen,  and 
of  the  Independence  of  the  United  States  of  America  the  one  hun- 
dred and  thirty-seventh. 

[SEAL.]  WOODROW  WILSON. 

By  the  President : 
JOHN  B.  MOORE, 

Acting  Secretary  of  State. 


12 


INTERNATIONAL  UNIONS. 

INTERNATIONAL,  UNION. 


STATES   OF   THE    UNION   FOR   THE    PROTECTION    OF    INDUSTRIAL    PROPERTY, 

JANUARY  1,   1911. 

Principal  union. 


Germany. 

Austria. 

Belgium. 

Brazil. 

Cuba. 

Denmark  and  Faroe  Islands, 

Dominican  Republic. 

Spain. 

United  States. 

France,  Algeria,  and  Colonies. 

Great  Britain: 


[Convention  of  Mar.  20,  1883.] 

Hungary. 

Italy. 

Japan. 

Mexico. 

Norway. 

Netherlands : 

Dutch  Indies. 

Surinam. 

Curacao. 

Portugal,   with   the   Azores   and 
Madeira. 


Australian  Commonwealth.      Servia. 


Ceylon. 
New  Zealand. 
Trinidad  and  Tobago. 


Sweden. 

Switzerland. 

Tunis. 


Limited  unions. 

[Arrangements  of  Apr.  14,  1891.] 
1.    REPRESSION  OF  FALSE  INDICATIONS  OF  ORIGIN. 

Brazil.  Great  Britain. 

Cuba.  Portugal. 

Spain.  Switzerland. 

France.  Tunis. 

2.    INTERNATIONAL    REGISTRATION    OF    TRADE-MARKS. 

Austria.  Italy. 

Belgium.  Mexico. 

Brazil.  Holland. 

Cuba.  Portugal. 

Spain.  Switzerland. 

France.  Tunis. 
Hungary. 


INTERNATIONAL  UNIONS.  13 

STATES  OF  THE  UNION   FOR  THE  PROTECTION   OF  LITERARY   AND   ARTISTIC 
WORKS,   JANUARY    1,    1911. 

[Le  Droit  d'  Auteur,  Jan.  15,  1911.] 

Germany  with  her  protected  Italy. 

territories.  Japan. 

Belgium.  Liberia. 

Denmark.  Luxemburg. 

Spain  and  colonies.  Monaco. 

France  with  Algeria  and  Norway. 

colonies.  Sweden. 

Great  Britain  with  colonies  Switzerland. 

and  possessions.  Tunis. 
Haiti. 

I.  CONVENTION  OF  MARCH  20,  1883, 

FOR    THE    PROTECTION    OF    INDUSTRIAL    PROPERTY,    WITH    THE    MODIFICA- 
TIONS AND  ADDITIONS  WHICH  HAVE  BEEN   MADE  BY  THE 
CONFERENCES  AT  MADRID  AND  BRUSSELS. 

Convention : 

Signature,  March  20,  1883,  at  Paris. 

Deposition  of  the  ratifications,  June  6,  1884,  at  Paris. 

Entered  into  force,  July  6,  1884. 
Kecords  respecting  the  endowment  of  the  international  office: 

Signature,  April  15,  1891,  at  Madrid. 

Deposition  of  ratifications,  June  15,  1892,  at  Madrid. 

Entered  into  force,  January  1,  1898. 
Additional  charter: 

Signature,  December  14,  1900,  at  Brussels. 

Deposition  of  ratifications  (close  of  the  proceedings),  June  14, 
1902,  at  Brussels. 

Entered  into  force,  September  14,  1902. 

LIST  OF  THE  STATES  THAT  ARE  MEMBERS  OF  THE  UNION. 

Since  the  Convention  went  into  force:  Belgium,  Brazil,  Spain, 
France  with  Algiers  and  colonies,  Great  Britain,  Italy,  Netherlands, 
Portugal  with  Azores  and  Madeira,  Servia,  Switzerland,  Tunis,  Nor- 
way from  July  1,  1885,  Sweden  from  July  1,  1885,  United  States  of 


14  INTERNATIONAL  UNIONS. 

America  from  May  30,  1887,  Dutch  Indies  from  October  1,  1888, 
Surinam  and  Curacao  from  July  1,  1890,  Domingo  (Republic)  from 
July  11,  1890,  New  Zealand  and  Queensland  from  September  7, 
1891,  Denmark  and  Faroe  Islands  from  October  1,  1894,  Japan  from 
July  15, 1899,  Germany  from  May  1,  1903,  Mexico  from  September  7, 
1903,  Cuba  from  November  17,  1904,  Australia  from  January  1,  1909, 
Austria  from  January  1,  1909,  Ceylon  from  January  1,  1909,  Hun- 
gary from  January  1,  1909,  Trinidad  and  Tobago  from  January  1, 
1909. 

His  Majesty  the  King  of  the  Belgians,  His  Majesty  the  Emperor 
of  Brazil,  His  Majesty  the  King  of  Spain,  the  President  of  the 
French  Republic,  the  President  of  the  Republic  of  Guatemala,  His 
Majesty  the  King  of  Italy,  His  Majesty  the  King  of  the  Nether- 
lands, His  Majetsy  the  King  of  Portugal  and  of  the  Algraves,  the 
President  of  the  Republic  of  Salvador,  His  Majesty  the  King  of 
Servia  and  the  Federal  Council  of  Swiss  Confederation. 

Equally  animated  by  the  desire  to  assure,  by  mutual  consent,  a 
complete  and  effective  protection  of  the  industries  and  commerce  of 
the  natives  of  their  respective  States  and  to  contribute  toward  the 
guarantee  of  the  rights  of  inventors  and  to  the  integrity  of  com- 
mercial transactions,  have  decided  to  form  a  convention  for  that 
purpose  and  have  appointed  as  their  plenipotentiaries,  viz, 

#  #  #  *  #  *  * 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  to  be  in  due  and  proper  form,  agreed 
upon  the  following  articles': 

ARTICLE  1.  The  Governments  of  Belgium,  Brazil,  Spain,  France, 
Guatemala,  Italy,  the  Netherlands,  Portugal,  Salvador,  Servia,  and 
Switzerland  have  formed  a  Union  for  the  Protection  of  Industrial 
Property. 

ART.  2.  The  subjects  or  citizens  of  each  of  the  contracting  States 
will  enjoy  in  all  the  other  States  of  the  Union,  as  regards  patents  of 
invention,  designs  or  industrial  models,  trade  or  manufacturing 
marks,  and  the  commercial  name,  the  advantages  which  the  re- 
spective laws  at  present  allow  or  may  allow  hereafter  to  the  natives. 
Consequently  they  will  enjoy  the  same  protection  as  the  latter  and 
the  same  legal  remedy  against  any  prejudice  that  may  be  caused  to 
their  rights,  under  reserve  of  their  fulfilling  the  formalities  and  con- 
ditions, to  which  the  natives  are  subjected  by  the  interior  legislation 
of  each  State. 

ART.  3.  Subjects  or  citizens  of  States  that  do  not  form  part  of  the 
Union  who  are  domiciled  in  or  have  actual  and  bona  fide  industrial 
and  commercial  establishments  in  the  territory  of  one  of  the  States  of 


INTERNATIONAL  UNIONS.  15 

the  Union  are  assimilated  with  the  subjects  or  citizens  of  the  con- 
tracting State. 

ART.  4.  Whosoever  has  in  regular  form  made  an  application  for  a 

patent  of  invention,  or  the  registration  of  a  design  or  industrial 
model,  or  of  a  manufacturing  or  trade-mark,  in  one  of  the  contracting 
States,  will  enjo}^  a  right  of  priority  during  the  delays  hereafter  de- 
termined, for  the  purpose  of  making  the  application  or  registration 
in  the  other  States,  reserving  always  the  rights  of  third  parties. 

Consequently  the  application  subsequently  made  for  a  patent,  or 
the  said  registrations,  before  the  expiration  of  the  delays,  hereinafter 
mentioned,  can  not  be  invalidated  by  any  facts  that  have  taken  place 
in  the  interval,  say.  especially  any  other  application  or  registration, 
by  the  publication  of  the  invention  or  the  working  of  the  same,  by 
the  selling  of  copies  of  the  design  or  of  the  model,  or  of  the  trade- 
mark. 

The  delays  of  priority  mentioned  above  will  be  twelve  months 
for  patents  of  invention,  four  months  for  designs  or  industrial  models 
and  also  for  manufacturing  and  trade-marks. 

ART.  4a.  The  patents  applied  for  in  the  different  contracting  States 
by  persons  admitted  to  the  benefits  of  the  Convention  at  the  terms  of 
Articles  2  and  3,  will  be  independent  of  the  patents  obtained  for  the 
same  invention  in  the  other  States,  whether  belonging  to  the  Union 
or  not. 

This  stipulation  will  apply  to  patents  existing  already  at  the  time 
the  Convention  comes  into  force. 

The  same  will  apply,  in  case  of  new  States  joining  the  Union,  as 
regards  the  existing  patents,  on  both  sides,  at  the  time  of  joining. 

ART.  5.  The  introduction  by  the  patentee  into  the  country  where 
the  patent  has  been  granted,  of  articles  manufactured  in  any  of  the 
States  of  the  Union,  will  not  involve  its  forfeiture. 

Nevertheless,  the  patentee  will  remain  under  the  obligation  of 
working  his  patent  in  accordance  with  the  laws  of  the  country,  where 
he  introduces  the  patented  articles. 

ART.  6.  Any  industrial  or  commercial  trade-mark,  registered  in  a 
regular  manner  in  the  country  of  its  origin,  will  be  admitted  for 
registration  and  protected  as  such  in  all  the  other  countries  of  the 
Union. 

The  country  in  which  the  party  registering  the  trade-mark  has  his 
principal  establishment  will  be  considered  the  country  of  origin. 

If  this  principal  establishment  is  not  located  in  any  of  the  countries 
of  the  Union,  the  country  to  which  the  said  party  belongs  will  be 
considered  the  country  of  origin. 

The  registration  may  be  refused  in  case  the  object  to  which  it  has 
reference  is  contrary  to  morals  or  public  order. 
93169—19 2 


16  INTERNATIONAL   UNIONS. 

ART.  7.  The  nature  of  the  product  to  which  the  trade-mark  is  to  be 
affixed  can  in  no  case  form  an  obstacle  to  the  registration  of  the 
trade-mark. 

ART.  8.  The  commercial  name  will  be  protected  in  all  the  countries 
of  the  Union,  without  the  obligation  of  registration,  whether  it  forms 
part  of  an  industrial  or  commercial  trade-mark  or  not. 

ART.  9.  Any  product  bearing  illicitly  a  trade-mark  or  a  commercial 
name  may  be  seized  on  importation  into  those  States  of  the  Union  in 
which  this  trade-mark  or  commercial  name  is  entitled  to  legal  pro- 
tection. 

The  seizure  will  take  place  at  the  request  either  of  the  proper 
public  officer  or  of  the  interested  party,  in  accordance  with  the  in- 
terior legislation  of  each  State. 

In  the  States  the  legislation  of  which  does  not  allow  seizure  on 
importation,  this  seizure  may  be  replaced  by  a  prohibition  of  im- 
portation. 

The  authorities  are  not  bound  to  effect  seizure  in  case  of  transit. 

ART.  1Q.  The  stipulations  of  the  preceding  article  will  be  applicable 
to  any  product  bearing  falsely,  as  indication  of  origin,  the  name  of 
a  definite  locality,  if  this  indication  is  added  to  a  fictitious  or  bor- 
rowed commercial  name,  with  fraudulent  intentions. 

As  interested  party  will  be  considered  any  producer,  manufacturer 
or  merchant,  engaged  in  the  production,  the  manufacture  or  the  sell- 
ing of  the  product,  and  established  either  in  the  locality  falsely  indi- 
cated, as  place  of  origin,  or  in  the  district  where  this  locality  is 
situated. 

ART.  lOa.  Those  belonging  to  the  Convention  (Arts.  2  and  3)  will 
enjoy  in  all  the  States  of  the  Union  the  same  protection  against  dis- 
honest competition  as  is  afforded  to  natives. 

ART.  11.  The  high  contracting  parties  will  afford  temporary  pro- 
tection, in  accordance  with  the  legislation  of  each  country,  to  pat- 
entable  inventions,  designs  or  industrial  models,  as  well  as  to  indus- 
trial and  commercial  trade-marks  for  the  products,  which  may  be 
shown  at  official  international  exhibitions,  or  those  officially  recog- 
nized and  organized  on  the  territory  of  one  of  same. 

ART.  12.  Each  of  the  high  contracting  parties  undertakes  to  es- 
tablish a  service  of  industrial  protection  and  a  central  depot  for 
communicating  to  the  public  patents  of  inventions,  designs,  or  in- 
dustrial models  and  trade-marks. 

ART.  13.  An  international  office  will  be  organized  under  the  title 
of  "  International  Office  of  the  Union  for  the  Protection  of  Industrial 
Property." 

This  office,  the  expenses  of  which  will  be  borne  by  the  administra- 
tions of  all  the  contracting  States,  will  be  placed  under  the  high 


INTERNATIONAL  UNIONS.  17 

authority  of  the  Superior  Administration  of  the  Swiss  Confederation 
and  will  work  under  its  supervision.  Its  powers  will  be  mutually 
determined  between  the  States  of  the  Union. 

ART.  14.  The  present  Convention  will  be  submitted  to  periodical 
revisions,  with  a  view  to  introducing  improvements  of  a  nature  cal- 
culated to  make  the  system  of  the  Union  more  perfect.  To  this  effect 
the  conferences  will  successively  take  place  in  one  of  the  contracting 
States  between  the  delegates  of  the  said  States. 

ART.  15.  It  is  understood  that  the  high  contracting  parties  reserve 
to  themselves,  respectively,  the  right  of  making  separately  amongst 
themselves  private  arrangements  for  the  protection  of  industrial 
property,  provided  that  such  arrangeemnts  do  not  contravene  in 
any  way  against  the  stipulations  of  the  present  Convention. 

ART.  16.  States  that  have  not  taken  part  in  this  Convention  will 
be  admitted  to  membership  at  their  request. 

This  membership  will  be  notified  by  diplomatic  channel  to  the 
Government  of  the  Swiss  Confederation  and  by  the  latter  to  all  the 
others. 

It  will  carry  with  it,  by  full  right,  adhesion  to  all  the  clauses  and 
admission  to  all  the  advantages  stipulated  by  the  present  Convention 
and  will  come  into  effect  one  month  after  the  forwarding  of  the 
notification  by  the  Swiss  Government  to  the  other  States  of  the 
Union,  unless  some  other  subsequent  date  should  have  been  stated  by 
the  adhering  State. 

ART.  17.  The  execution  of  the  mutual  undertakings  contained  in 
the  present  Convention  is  subordinated,  as  far  as  may  be  required,  to 
the  fulfilling  of  the  formalities  and  rules  established  by  the  constitu- 
tional laws  of  those  of  the  high  contracting  parties  that  are  bound 
to  instigate  their  application,  which  they  undertake  to  do  with  as 
little  delay  as  possible. 

ART.  18.  The  present  Convention  will  be  carried  into  effect  within 
a  delay  of  one  month,  commencing  from  the  exchange  of  the  ratifi- 
cations, and  will  remain  in  force  for  an  indefinite  period  up  to  the 
expiration  of  one  year  from  the  day  on  which  notice  of  its  discon- 
tinuance may  be  given. 

This  notice  of  discontinuance  must  be  addressed  to  the  Govern- 
ment charged  with  the  receiving  of  adhesions.  It  will  only  influence 
the  State  that  has  given  the  said  notice,  the  Convention  remaining  in 
force  as  regards  the  other  contracting  parties. 

ART.  19.  The  present  Convention  will  be  ratified  and  the  ratifica- 
tions exchanged  in  Paris  within  the  delay  of  one  year  at  the  outside. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed 
it  and  affixed  their  seals. 


18  INTERNATIONAL  UNIONS. 

PROTOCOL  OF  THE  CLOSE. 

At  the  moment  of  proceeding  to  sign  the  concluded  Convention  of 
the  present  date  between  the  Governments  of  Belgium,  Brazil,  Spain, 
France,  Guatemala,  Italy,  the  Netherlands,  Portugal,  Salvador, 
Servia,  and  Switzerland,  for  the  protection  of  industrial  property, 
the  undersigned  plenipotentiaries  have  agreed  upon  as  follows: 

1.  The  words  industrial  property  are  to  be  understood  in  their 
broadest  acceptation,  in  the  sense  that  they  apply  not  only  to  the 
products  of  industry,  properly  speaking,  but  also  to  products  of 
agriculture  (wines,  grain,  fruits,  cattle,  etc.)  and  to  mineral  products 
delivered  to  commerce  (mineral  waters,  etc.). 

2.  Under  the  name  of  "  patents  of  invention  "  are  comprised  the 
different  kinds  of  industrial  patents  admitted  by  the  legislations  of 
the  contracting  States,  such  as  patents  of  importation,  patents  of 
improvement,  etc. 

3.  It  is  mentioned  that  the  final  stipulation  of  Article  2  of  the 
Convention  is  in  no  way  prejudicial  to  the  legislation  of  each  of  the 
contracting  States  as  regards  the  procedure  practiced  before  the 
courts  and  the  competency  of  those  courts. 

3a.  The  patentee  in  each  country  can  only  have  his  patent  forfeited 
on  account  of  its  not  having  been  worked  after  a  minimum  delay  of 
three  years,  lasting  from  the  application  in  the  country  in  question, 
and  in  case  the  patentee  does  not  justify  the  causes  of  his  inaction. 

4.  The  first  paragraph  of  Article  6  is  to  be  understood  in  the  sense 
that  no  trade-mark  can  be  excluded  from  protection  in  any  of  the 
States  of  the  Union  by  the  fact  alone  that  it  does  not  comply  from 
the  point  of  view  of  the  signs  of  which  it  is  composed,  with  the  con- 
ditions of  the  legislation  of  that  State,  provided  it  complies  on  that 
point  with  the  legislation  of  the  country  of  its  origin  and  it  has 
been  duly  -registered  in  the  latter  country.     Saving  this  exception, 
which  only  concerns  the  form  of  the  mark  and  under  reserve  of  the 
stipulations  of  the  other  articles  of  the  Convention,  the  interior  legis- 
lation of  each  of  the  States  will  be  applied  in  each  case. 

In  order  to  avoid  all  false  interpretation,  it  is  understood  that 
the  use  of  public  armorial  bearings  and  insignia  may  be  consid- 
ered as  contrary  to  public  order,  in  the  sense  of  the  final  paragraph 
of  Article  6. 

5.  The  organization  of  the  special  service  of  industrial  property, 
mentioned  in  Article  12,  will  comprise  as  far  as  possible  the  publica- 
tion in  each  State  of  an  official  periodical  paper. 

6.  The  expenses  of  the  International  Office,  instituted  as  per  Article 
13,  will  be  borne  mutually  by  the  contracting  States.     They  are  not, 
in  any  case,  to  exceed  the  sum  of  sixty  thousand  francs  per  year. 


INTERNATIONAL  UNIONS. 


19 


In  order  to  determine  the  contributive  portion  of  each  of  the  States 
toward  the  total  sum  of  the  expenses,  the  contracting  States  and 
those  that  will  ultimately  become  members  of  the  Union  will  be 
divided  into  six  classes,  each  contributing  in  the  proportion  of  a  cer- 
tain number  of  units,  viz. : 


Units. 

First  class 25 

Second   class 20 

Third   class__  15 


Units. 

Fourth  class 10 

Fifth    class 5 

Sixth    class—  3 


These  coefficients  will  be  multiplied  by  the  number  of  the  States 
of  each  class,  and  the  sum  of  the  products  thus  obtained  will  supply 
the  number  of  units  by  which  the  total  expense  is  to  be  divided.  The 
quotient  will  give  the  amount  of  the  outlay  unit. 

The  contracting  States  are  classed  as  follows,  in  view  of  the  divi- 
sion of  the  expenses: 


Fourth  class — The  Netherlands. 

Fifth  class — Servia. 

Sixth  class — Guatemala,  Salvador.1 


First  class — France,  Italy. 
Second  class — Spain. 
Third   class — Belgium,   Brazil,    Portu- 
gal, Switzerland. 

The  Swiss  administration  supervises  the  expenses  of  the  Inter- 
national Office,  advances  the  needful  funds,  and  makes  up  the  yearly 
account,  which  will  be  forwarded  to  all  the  other  administrations. 

The  International  Office  will  centralize  the  information  of  whatever 
nature  with  reference  to  the  protection  of  international  property  and 
will  combine  same  into  general  statistics  to  be  distributed  to  all  the 
administrations.  It  will  study  the  common  usefulness  which  in- 
terests the  Union  and  will  draw  up,  with  the  aid  of  the  documents 
which  are  placed  at  its  disposal  by  the  different  administrations,  a 
periodical  in  the  French  language  on  the  questions  concerning  the 
object  of  the  Union. 

The  numbers  of  the  periodical,  the  same  as  all  documents  published 
by  the  International  Office,  will  be  distributed  amongst  the  adminis- 
trations of  the  States  of  the  Union  in  proportion  to  the  number  of 
the  above-mentioned  contributive  units.  Any  supplementary  copies 
and  documents  which  may  be  asked  for,  either  by  the  said  administra- 
tions or  by  societies  or  individuals,  will  be  paid  for  apart.  The 
International  Office  must  hold  itself  always  at  the  disposal  of  the 
members  of  the  Union,  in  order  to  supply  to  them  on  the  questions 
relating  to  the  international  service  of  industrial  property  the  spe- 
cial information  which  they  may  require. 

1  Guatemala  and  Salvador  are  no  longer  members  of  the  Union.  On  the  other  hand, 
the  States  which  have  become  members  since  1883,  have  been  ranked  at  their  request  in 
the  following  classes  :  Denmark,  fourth  class ;  Republic  of  Domingo,  sixth  class ;  United 
States  of  America,  first  class;  Great.  Britain,  first  class;  Japan,  second  class;  Norway, 
fourth  class  ;  Sweden,  third  class  ;  Tunis,  sixth  class. 


20  INTERNATIONAL  UNIONS. 

The  administration  of  the  country  where  the  next  conference  is  to 
be  held  will  prepare,  with  the  assistance  of  the  International  Office, 
the  work  of  that  conference. 

The  manager  of  the  International  Office  will  assist  at  the  sittings 
of  the  conferences  and  will  take  part  in  the  discussions,  however, 
without  deliberative  vote.  He  will  make  a  yearly  report  about  his 
management,  which  will  be  communicated  to  all  the  members  of  the 
Union. 

The  official  language  of  the  International  Office  will  be  the  French 
language. 

7.  The  present  closing  protocol,  which  will  be  ratified  at  the  same 
time  as  the  convention  concluded  on  this  day's  date,  will  be  con- 
sidered as  forming  an  integral  part  of  this  convention  and  will  have 
the  same  force,  value,  and  duration. 

In  witness  whereof  the  undersigned  plenipotentiaries  have  drawn 
up  this  present  protocol.  , 

II.  ARRANGEMENT  or  APRIL  14,  1891. 

CONCERNING  THE  INTERNATIONAL  REGISTRATION  OF  COMMERCIAL  AND 
MANUFACTURING  TRADE-MARKS  WITH  THE  ALTERATIONS  AND  ADDITIONS 
MADE  THEREIN  BY  THE  BRUSSELS  CONFERENCE. 

Arrangement : 

Signature,  April  14,  1891,  at  Madrid. 

Deposition  of  ratifications,  June  15,  1892,  at  Madrid. 

Coming  into  force,  July  15,  1902,  at  Madrid. 
Supplementary  act: 

Signature,  December  14,  1900,  at  Brussels. 

Deposition  of  ratifications  (closure  of  official  report),  June  14, 
1902,  at  Brussels. 

Coming  into  force,  September  14,  1902. 

LIST  OF  STATES  WHICH  ARE  MEMBERS  OF  THE  RESTRICTED  UNION. 

Belgium,  since  the  arrangement  came  into  force. 

Spain,  since  the  arrangement  came  t  into  force. 

France,  with  Algeria  and  colonies,  since  the  arrangement  came 
into  force. 

Switzerland,  since  the  arrangement  came  into  force. 

Tunis,  since  the  arrangement  came  into  force. 

Holland,  with  the  Dutch  East  Indies,  Surinam,  and  Curacao,  from 
March  1,  1893. 

Portugal,  with  the  Azores  and  Madeira,  from  October  31,  1893. 


INTERNATIONAL  UNIONS.  21 

Italy,  from  October  15,  1894. 

Brazil,  from  October  3,  1896. 

The  undersigned  plenipotentiaries  of  the  States  enumerated  above 
and  in  virtue  of  Article  15  of  the  International  Convention  dated 
March  20,  1883,  for  the  protection  of  industrial  property,  have  by 
mutual  agreement,  subject  to  ratification,  concluded  the  following 
arrangement. 

ARTICLE  1.  The  subjects  or  citizens  of  each  of  the  contracting 
States  may  insure  in  all  the  other  States  the  protection  of  their  manu- 
facturing or  commercial  trade-marks  which  have  been  accepted  and 
deposited  in  the  country  of  their  origin  subject  to  the  said  marks 
being  deposited  at  the  International  Bureau  in  Berne  through  the 
agency  of  the  Government  of  the  said  country  of  origin. 

ART.  2.  The  subjects  or  citizens  of  other  States  which  have  not 
joined  in  the  present  arrangement  are  on  the  same  footing  as  the 
subjects  or  citizens  of  the  contracting  States  provided  that  they,  on 
the  territory  of  the  restricted  Union  constituted  by  the  said  arrange- 
ment, satisfy  the  conditions  set  forth  in  Article  3  of  the  general 
Convention. 

ART.  3.  The  International  Bureau  will  at  once  register  the  marks 
deposited  in  accordance  with  Article  1,  and  will  give  notice  of  such 
registration  to  the  contracting  States.  The  marks  so  registered  will 
be  published  in  a  supplement  to  the  journal  of  the  International 
Bureau  by  means  of  a  block  furnished  by  the  depositor. 

If  the  deponent  claims  the  color  to  be  a  distinctive  feature  of  his 
mark  he  shall  be  bound : 

1.  To  declare  this  and  to  attach  to  his  deposit  a  description  in 
which  the  color  is  mentioned. 

2.  To  attach  to  his  claim  copies  of  the  said  marks  in  colors,  which 
will  be  attached  to  the  notifications  made  by  the  International  Bureau. 
The  number  of  these  copies  will  be  fixed  by  the  regulation  as  to  the 
manner  of  execution.     In  view  of  the  publicity  to  be  given  in  the 
various  States  to  the  registered  marks,  each  administration  will  re- 
ceive gratis  from  the  International  Bureau  as  many  copies  of  the 
above-mentioned  publication  as  it  may  choose  to  ask  for. 

ART.  4.  Dating  from  the  date  of  registration  so  effected  at  the 
International  Bureau  the  protection  in  each  of  the  contracting  States 
will  be  just  the  same  as  if  the  mark  had  been  first  deposited  in  such 
State. 

ART.  4:A.  When  a  mark  already  deposited  in  one  or  more  of  the 
contracting  States  has  been  afterwards  registered  at  the  Interna- 
tional Bureau  in  the  name  of  the  same  holder  or  his  representative, 
the  international  registration  will  be  considered  as  substituted  for 
the  earlier  national  registrations  without  prejudice  to  any  rights 
acquired  in  connection  with  the  latter. 


22  INTERNATIONAL  UNIONS. 

ART.  5.  In  those  countries  where  the  laws  authorize  it,  the  ad- 
ministrations to  whom  the  International  Bureau  shall  notify  the 
registration  of  a  mark  shall  be  entitled  to  declare  that  protection 
can  not  be  granted  to  this  mark  in  their  territory.  Such  refusal 
can  not  be  disputed  except  under  the  conditions  applicable  in  virtue 
of  the  Convention  of  March  20, 1883,  to  a  mark  deposited  for  national 
registration. 

They  must  exercise  this  power  within  the  period  fixed  by  their 
national  law  and  at  latest,  within  the  year  of  the  notification  men- 
tioned in  Article  3,  stating  at  the  same  time  to  the  International  Bu- 
reau the  motives  for  their  refusal. 

The  said  declaration  so  notified  to  the  International  Bureau  will 
be  at  once  forwarded  by  the  latter  to  the  administration  of  the 
country  of  origin  and  to  the  owner  of  the  mark.  The  party  inter- 
ested will  have  the  same  means  of  appeal  as  if  the  mark  had  been 
directly  deposited  by  him  in  the  country  where  protection  is  refused. 

ART.  SA.  The  International  Bureau  will  deliver  to  any  person  mak- 
ing the  request,  subject  to  a  fee  fixed  by  regulation,  a  copy  of  the 
memoranda  entered  in  the  register  relating  to  any  particular  mark. 

ART.  6.  The  protection  resulting  from  registration  at  the  Inter- 
national Bureau  will  last  twenty  years  from  the  date  of  registration 
but  may  not  be  claimed  on  behalf  of  a  mark  no  longer  under  legal 
protection  in  the  country  of  origin. 

ART.  7.  Registration  may  always  be  renewed  in  accordance  with 
the  provisions  of  Articles  1  and  3.  Six  months  previous  to  the 
expiration  of  the  period  of  protection  the  International  Bureau 
will  give  official  intimation  thereof  to  the  administration  of  the 
country  of  orgin  and  the  owner  of  the  mark. 

ART.  8.  The  administration  of  the  country  of  origin  will  fix  at 
its  pleasure  and  collect  on  its  own  behalf  a  fee  to  be  claimed  from 
the  owner  of  the  mark  who  asks  for  international  registration.  To 
this  fee  will  be  added  an  international  charge  of  100  francs  for  the 
first  mark  and  50  francs  for  every  other  mark  deposited  at  the  same 
time  by  the  same  owner.  The  annual  proceeds  of  this  charge  will 
be  divided  equally  among  the  contracting  States  through  the  agency 
of  the  International  Bureau  after  deduction  of  the  common  expenses 
necessary  for  the  execution  of  this  agreement. 

ART.  9.  The  administration  of  the  country  of  origin  will  notify  to 
the  International  Burean  any  annulations,  erasures,  renunciations, 
transmissions,  and  other  changes  that  may  take  place  in  the  owner- 
ship of  the  mark. 

The  International  Bureal  will  register  these  alterations  and  give 
immediate  notice  thereof  in  its  journal  to  the  contracting  adminis- 
trations and  the  public. 


INTERNATIONAL  UNIONS.  23 

ART.  9A.  When  a  mark  entered  in  the  International  Register  is 
transmitted  to  a  person  settled  in  a  contracting  State  other  than  the 
country  of  origin  of  the  mark,  the  transmission  shall  be  notified  to 
the  International  Bureau  by  the  administration  of  the  said  country  of 
origin.  The  International  Bureau  shall  register  the  transmission  and 
after  receiving  the  assent  of  the  administration  to  which  the  new 
holder  is  subject  it  will  give  notice  thereof  to  the  other  administra- 
tions and  publish  the  same  in  its  journal. 

It  is  not  the  purpose  of  this  provision  to  modify  the  law  of  the 
contracting  State  which  prohibits  the  transfer  of  the  mark  unless 
accompanied  by  the  simultaneous  cession  of  the  industrial  or  com- 
mercial concern  whose  products  it  distinguishes. 

No  transmission  will  be  registered  of  any  mark  entered  on  the  In- 
ternational Register  if  made  in  favor  of  a  person  not  established  in 
one  of  the  signatory  countries. 

ART.  10.  The  administration  will  settle  by  mutual  agreement  the 
details  relating  to  the  execution  of  the  present  arrangement. 

ART.  11.  The  States  of  the  Union  for  the  protection  of  industrial 
property  which  have  not  taken  part  in  the  present  arrangement  will 
be  allowed  on  their  request  to  join  the  same  in  the  form  provided  by 
Article  16  of  the  Convention  of  March  20,  1883,  for  the  protection  of 
industrial  property. 

As  soon  as  the  International  Bureau  is  informed  that  a  State  has 
joined  the  present  arrangement  it  will  forward  to  the  administration 
of  such  State  in  conformity  with  Article  3  a  complete  list  of  the 
marks  then  enjoying  international  protection. 

This  list  will  of  itself  insure  for  the  said  marks  the  benefit  of 
previous  regulations  in  the  territory  of  the  State  so  joining  and  will 
involve  the  delay  of  one  year,  during  which  the  administration  in- 
terested may  make  the  declaration  provided  in  Article  5. 

ART.  12.  The  present  arrangement  will  be  ratified  and  the  rati- 
fications of  the  same  exchanged  at  Madrid  within  a  period  of  six 
months  at  latest. 

It  will  come  into  force  in  one  month  from  the  exchange  of  ratifica- 
tions and  shall  have  the  same  force  and  duration  as  the  Convention  of 
March  20,,  1883. 

In  witness  whereof  the  plenipotentiaries  of  the  States  above  enu- 
merated have  signed  the  present  arrangement. 

III.  REGULATION. 

FOR  THE  EXECUTION  OF  THE  ARRANGEMENT  OF  APRIL  14,   1891,  CONCERN- 
ING THE  REGISTRATION  OF  INDUSTRIAL  OR  COMMERCIAL  TRADE-MARKS. 

[Text  approved  by  all  the  administrations  in  1903.] 

ARTICLE  1.  All  requests  for  the  purpose  of  securing  the  interna- 
tional registration  of  an  industrial  or  commercial  trade-mark  in 


24  INTERNATIONAL  UNIONS. 

virtue  of  the  arrangement  of  April  14,  1891,  revised  December  14. 
1900,  must  be  addressed  by  the  owner  of  the  mark  to  the  administra- 
tion of  the  country  of  origin  in  the  form  which  the  latter  may 
prescribe. 

The  administration  of  the  country  of  origin  will  fix  at  its  pleasure 
and  collect  a  fee  the  amount  of  which  will  remain  in  its  possession. 
To  this  fee  will  be  added  an  international  charge  fixed  as  follows : 

1.  In  the  case  of  the  deposit  of  a  single  mark,  one  hundred  francs. 

2.  In  the  case  of  several  deposits,  one  hundred  francs  for  the  first 
mark  and  fifty  francs  for  each  of  the  other  marks  deposited  at  the 
same  time  by  the  same  owner. 

ART.  2.  After  having  ascertained  that  the  mark  is  properly  regis- 
tered, the  administration  of  the  country  of  origin  will  forward  to  the 
International  Bureau  of  Industrial  Property  in  Berne: 

(A)  A  request  for  registration,  in  duplicate,  containing  a  typo- 
graphical representation  of  the  mark,  and  stating: 

1.  The  .name  of  the  owner  of  the  mark. 

2.  His  address. 

3.  The  manufactures  or  goods  to  which  the  mark  applies. 

4.  The  date  of  registration  in  the  country  of  origin. 

5.  The  order  number  of  the  mark  in  the  country  of  origin. 

(B)  A  block  of  the  mark  for  the  typographical  reproduction  of 
the  latter  in  the  publication  which  will  be  made  of  it  by  the  Inter- 
national Bureau.     This  block  must  reproduce  the  mark  exactly,  so  as 
to  show  up  all  details  in  the  most  conspicious  manner.    It  must  not 
be  less  than  15  millimetres  or  more  than  10  centimetres,  either  in 
length  or  breadth.    The  exact  thickness  of  the  block  must  be  24  milli- 
metres, corresponding  to  the  height  of  the  printed  characters.     This 
block  will  be  kept  at  the  International  Bureau. 

(C)  If  the  deponent  claims  the  color  as  a  distinctive  feature  of  his 
mark,  forty  copies  on  paper  of  a  colored  reproduction  of  the  mark. 

In  this  case  the  request  must  contain  a  brief  description  in  French, 
mentioning  the  color.  Should  neither  one  nor  the  other  of  the  above- 
mentioned  conditions  be  observed,  the  International  Bureau  will  pro- 
ceed with  the  registration  of  the  mark  and  notification  thereof  in 
accordance  with  the  particulars  received. 

(D)  A  postal  order  for  the  amount  of  the  international  charge. 
The  request  for  registration  will  be  drawn  up  in  accordance  with 

the  form  attached  to  the  present  regulation  or  any  other  form  which 
the  administrations  of  the  contracting  States  may  by  common  agree- 
ment subsequently  adopt.  The  International  Bureau  will  forward 
the  necessary  forms  to  the  administrations  gratuitously. 

ART.  3.  The  International  Bureau  will  proceed  without  delay  to 
enter  the  mark  in  a  register  kept  for  that  purpose.  This  register 
will  contain  the  following  particulars: 


INTERNATIONAL  UNIONS.  25 

1.  The  date  of  registration  at  the  International  Bureau. 

2.  The  date  of  notification  to  the  contracting  administrations. 

3.  The  order  number  of  the  mark. 

4.  The  name  of  the  owner  of  the  mark. 

5.  His  address. 

6.  The  manufactures  or  goods  to  which  the  mark  is  applied. 

7.  The  country  of  origin  of  the  mark. 

8.  The  date  of  registration  in  the  country  of  origin. 

9.  The  order  number  of  the  mark  in  the  country  of  origin. 

10.  Memoranda    relating    to    refusal    of    protection,    transmission 
(Arts.  9  and  9  bis  of  the  arrangement),  or  erasure  of  the  mark. 

ART.  4.  As  soon  as  the  entry  is  made  in  the  register  the  Interna- 
tional Bureau  will  certify  on  the  two  copies  of  the  request  that  the 
registration  has  been  duly  effected  and  will  affix  thereon  its  signature 
and  seal.  One  of  these  copies  will  be  filed  among  the  records  of  the 
Bureau  and  the  other  will  be  returned  to  the  administration  of  the 
country  of  origin. 

Furthermore,  the  International  Bureau  will  notify  to  the  adminis- 
trations the  registration  so  effected  by  sending  to  each  of  them  a 
typographical  reproduction  of  the  mark  and  informing  them  of: 

1.  The  date  of  registration  at  the  International  Bureau. 

2.  The  order  number  of  the  mark. 

3.  The  name  and  address  of  the  deponent. 

4.  The  manufactures  or  merchandise  to  which  the  mark  is  applied. 

5.  The  country  of  origin  of  the  mark  as  well  as  the  date  of  regis- 
tration and  order  number  in  said  country. 

In  the  case  provided  by  Article  2  under  letter  C,  the  aforesaid 
notification  shall  mention,  in  addition,  the  deposit  in  colors,  and  will 
be  accompanied  by  a  copy  of  the  reproduction  of  the  mark  in  colors. 

ART.  5.  The  International  Bureau  will  then  see  to  the  publication 
of  the  mark  in  a  supplement  of  its  journal  which  will  consist  of  the 
reproduction  of  the  mark,  accompanied  by  the  details  mentioned  in 
Article  4,  paragraph  2;  and,  if  necessary,  the  description  provided 
under  letter  C  of  Article  2. 

At  the  commencement  of  every  year  the  International  Bureau  will 
issue  a  table  giving  in  alphabetical  order  per  contracting  State  the 
names  of  the  owners  of  the  marks  published  during  the  course  of  the 
previous  year. 

Each  administration  will  receive  gratuitously  from  the  Interna- 
tional Bureau  the  number  of  copies  it  may  choose  to  ask  for  of  the 
supplement  containing  the  publications  relating  to  International 
Registration. 

ART.  6.  The  declaration  notified  to  the  International  Bureau  in  the 
terms  of  Article  5  of  the  arrangement  (non-admission  of  the  mark  to 
protection  in  a  given  country)  will  be  at  once  forwarded  by  the 


26  INTERNATIONAL  UNIONS. 

bureau  to  the  administration  of  the  country  of  origin  and  to  the 
owner  of  the  mark. 

ART.  6  BIS.  The  fee  provided  for  under  Article  5  ~bis  of  the  arrange- 
ment for  copies  or  extracts  from  the  register  is  fixed  at  two  francs 
per  copy  or  extract. 

ART.  7.  Such  changes  as  may  have  taken  place  in  the  ownership  of 
a  mark,  and  which  have  been  made  the  object  of  the  modification 
mentioned  in  Article  9  and  9  Us  of  the  arrangement,  will  be  entered 
in  the  register  of  the  International  Bureau  except  in  such  cases  where, 
in  the  terms  of  the  third  paragraph  of  the  latter  article,  transmission 
can  not  be  registered.  The  International  Bureau  will  in  its  turn 
notify  to  the  contracting  administrations  the  registered  alterations, 
and  will  publish  them  in  its  journal,  keeping  in  view  the  provisions 
of  the  first  paragraph  of  Article  9  ~bis  when  the  new  owner  is  es- 
tablished in  a  contracting  State  other  than  the  country  of  origin  of 
the  mark. 

ART.  8.  Six  months  before  the  expiration  of  the  period  of  protec- 
tion of  twenty  years  the  International  Bureau  will  send  an  official 
notice  to  that  effect  to  the  administration  of  the  country  of  origin  and 
the  owner  of  the  mark. 

The  formalities  to  be  observed  in  the  renewal  of  the  international 
registration  will  be  the  same  as  if  it  were  a  question  of  a  new  regis- 
tration excepting  that  it  will  no  longer  be  necessary  to  send  a  block. 

ART.  9.  At  the  commencement  of  each  year  the  International 
Bureau  will  make  out  a  statement  of  charges  of  all  kinds  which  have 
been  occasioned  during  the  previous  year  by  the  international  regis- 
tration of  marks.  The  amount  of  these  charges  will  be  deducted 
from  the  total  sums  received  from  the  administrations  by  way  of  fee 
for  international  registration,  and  the  excess  of  receipts  will  be 
divided  in  equal  shares  between  all  the  contracting  States. 

ART.  10.  The  complete  list  prescribed  by  Article  11  of  the  arrange- 
ment will  contain  the  same  particulars  as  the  modification  under 
Article  4  of  the  present  regulations. 

ART.  11.  The  present  regulation  will  continue  in  force  for  the 
Same  length  of  time  as  the  arrangement  to  which  it  refers. 

The  contracting  administrations  may  at  any  time  introduce  therein 
by  mutual  agreement  such  modifications  as  may  seem  necessary  to 
them  in  accordance  with  the  provisions  of  Article  10  of  the  said 
arrangement. 

IV.  ARRANGEMENT  OF  APRIL  14,  1891. 

CONCERNING     THE     SUPPRESSION    OF    FALSE     STATEMENTS     OF     ORIGIN     OF 

MERCHANDISE. 

Signature,  April  14,  1891,  at  Madrid. 

Deposit  of  ratifications,  June  15,  1892,  at  Madrid. 

Coming  into  force,  July  15,  1893. 


INTERNATIONAL  UNIONS.  27 

LIST  OF  MEMBERS  AT  THE  RESTRICTED  UNION. 

Spain,  France,  with  Algeria  and  Colonies,  Great  Britain,  Switzer- 
land and  Tunis,  since  the  arrangement  came  into  operation. 

Portugal,  with  the  Azores  and  Madeira,  since  October  31,  1893. 

Brazil,  since  October  3,  1893. 

ARTICLE  1.  All  products  bearing  a  false  statement  of  origin  in 
which  one  of  the  contracting  States  or  some  locality  situated  in  one 
or  other  of  them  is  mentioned  directly  or  indirectly  as  the  country 
or  place  of  origin  shall  be  seized  on  importation  into  any  one  of  the 
said  States. 

The  seizure  may  also  be  effected  in  the  State  where  the  false  declar- 
ation of  origin  may  have  been  affixed,  or  in  that  State  into  which 
the  product  bearing  such  false  declaration  shall  have  been  introduced. 

If  the  laws  of  a  State  do  not  allow  of  the  seizure  on  importation, 
such  seizure  to  be  substituted  by  a  prohibition  to  import. 

If  the  laws  of  a  State  do  not  allow  of  a  seizure  inland,  such  seizure 
to  be  substituted  by  acts  and  measures  which  the  laws  of  the  said 
State  provide  in  such  cases  for  the  benefit  of  natives. 

ART.  2.  The  seizure  will  be  made  either  at  the  request  of  the 
proper  public  officer  or  an  interested  party,  individual,  or  company, 
in  accordance  with  the  internal  laws  of  each  State. 

The  authorities  shall  not  be  called  upon  to  effect  the  seizure  dur- 
ing transit. 

ART.  3.  The  present  provisions  do  not  prevent  the  seller  putting 
his  name  or  address  on  the  products  coming  from  a  country  other 
than  that  of  sale,  but  in  that  case  the  address  or  name  must  be  ac- 
companied by  a  precise  statement  in  conspicuous  characters  of  the 
country  or  place  of  manufacture  or  production. 

ART.  4.  The  tribunals  of  each  country  will  have  to  decide  what 
are  the  appellations  which,  from  their  generic  character,  are  outside 
the  provisions  of  this  arrangement,  the  district  appellations  of  the 
origin  of  wine  products  not  being,  however,  included  in  the  reserva- 
tion laid  down  by  this  article. 

ART.  5.  The  States  of  the  Union  for  the  protection  of  industrial 
property  which  have  not  taken  part  in  the  present  arrangement 
will  be  admitted  at  their  request  to  join  the  same  in  the  form  pre- 
scribed by  Article  16  of  the  Convention  of  March  20,  1883,  for  the 
protection  of  industrial  property. 

ART.  6.  The  present  arrangement  will  be  ratified  and  the  ratifica- 
tions of  the  same  exchanged  at  Madrid  within  a  period  of  six  months 
at  the  latest. 

It  will  come  into  operation  in  one  month  from  the  date  of  the 
exchange  of  ratifications  and  will  have  the  same  force  and  duration 
as  the  Convention  of  March  20,  1883. 


28  INTERNATIONAL  UNIONS. 

In  witness  whereof  the  plenipotentiaries  of  the  States  enumerated 
above  have  signed  the  present  arrangement. 


FOUKTH  INTERNATIONAL  CONGRESS  or  AMERICAN  STATES. 
CONVENTIONS  RELATING  TO  PATENTS,  TRADE-MARKS,  DESIGNS,  ETC. 

DEPARTMENT  OF  THE  INTERIOR, 

UNITED  STATES  PATENT  OFFICE, 
Washington,  D.  C '.,  February  23,  1911. 

The  following  conventions  relating  to  patents,  designs,  and  indus- 
trial models,  trade-marks,  and  literary  and  artistic  copyrights, 
which  were  prepared  at  the  request  of  the  Secretary  of  State  by  the 
Commissioner  of  Patents,  who  was  designated  by  the  President  of 
the  United  States  as  the  Expert  Attache  to  the  delegation  of  the 
United  States  of  America  to  the  Fourth  International  Congress  of 
American  States,  were  adopted  by  said  Congress,  which  met  at 
Buenos  Ayres  June  9  to  August  30,  1910,  and  have  been  approved 
by  the  United  States  Senate. 

EDWARD  B.  MOORE, 
Commissioner  of  Patents. 

CONVENTION. 

Inventions,  Patents,  Designs,  and  Industrial  Models. 

Their  Excellencies  the  Presidents  of  the  United  States  of  America, 
the  Argentine  Republic,  Brazil,  Chile,  Colombia,  Costa  Rica,  Cuba, 
Dominican  Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mexico, 
Nicaragua,  Panama,  Paraguay,  Peru,  Salvador,  Uruguay,  and  Vene- 
zuela : 

Being  desirous  that  their  respective  countries  may  be  represented 
at  the  Fourth  International  American  Conference,  have  sent  thereto 
the  following  delegates,  duly  authorized,  to  approve  the  recommenda- 
tions, resolutions,  conventions,  and  treaties  which  they  might  deem 
advantageous  to  the  interests  of  America. 

(Here  follow  the  names  of  the  plenipotentiaries.) 

Who,  after  having  presented  their  credentials,  and  the  same  having 
been  found  in  due  and  proper  form,  have  agreed  upon  the  following 
convention  on  inventions,  patents,  designs,  and  industrial  models. 

ARTICLE  I.  The  subscribing  nations  enter  into  this  convention  for 
the  protection  of  patents  of  invention,  designs,  and  industrial  models. 

ART.  II.  Any  persons  who  shall  obtain  a  patent  of  invention  in  any 
of  the  signatory  States  shall  enjoy  in  each  of  the  other  States  all  the 
advantages  which  the  laws  relative  to  patents  of  invention,  designs, 


INTERNATIONAL  UNIONS.  29 

and  industrial  models  concede.  Consequently,  they  shall  have  the 
right  to  the  same  protection  and  identical  legal  remedies  against  any 
attack  upon  their  rights,  provided  they  comply  with  the  laws  of  each 
State. 

ART.  III.  Any  person  who  shall  have  regularly  deposited  an  appli- 
cation for  a  patent  of  invention  or  design  or  industrial  model  in  one 
of  the  contracting  States  shall  enjoy,  for  the  purposes  of  making  the 
deposit  in  the  other  States  and  under  the  reserve  of  the  rights  of  third 
parties,  a  right  of  priority  during  a  period  of  twelve  months  for 
patents  of  invention,  and  of  four  months  for  designs  or  industrial 
models. 

In  consequence  the  deposits  subsequently  made  in  any  other  of 
the  signatory  States  before  the  expiration  of  these  periods  can  not 
be  invalidated  by  acts  performed  in  the  interval,  especially  by  other 
deposits,  by  the  publication  of  the  invention  or  its  working,  or  by 
the  sale  of  copies  of  the  design  or  of  the  model. 

ART.  IV.  When,  within  the  terms  fixed,  a  person  shall  have  filed 
applications  in  several  States  for  the  patent  of  the  same  invention, 
the  rights  resulting  from  patents  thus  applied  for  shall  be  independ- 
ent of  each  other. 

They  shall  also  be  independent  of  the  rights  arising  under  patents 
obtained  for  the  same  invention  in  countries  not  parties  to  this  con- 
vention. 

ART.  V.  Questions  which  may  arise  regarding  the  priority  of  pat- 
ents of  invention  shall  be  decided  with  regard  to  the  date  of  the  ap- 
plication for  the  respective  patents  in  the  countries  in  which  they  are 
granted. 

ART.  VI.  The  following  shall  be  considered  as  inventions :  A  new 
manner  of  manufacturing  industrial  products,  a  new  machine  or 
mechanical  or  manual  apparatus  which  serves  for  the  manufacture 
of  said  products,  the  discovery  of  a  new  industrial  product,  the  ap- 
plication of  known  methods  for  the  purpose  of  securing  better 
results,  and  every  new,  original,  and  ornamental  design  or  model  for 
an  article  of  manufacture. 

The  foregoing  shall  be  understood  without  prejudice  to  the  laws 
of  each  State. 

ART.  VII.  Any  of  the  signatory  States  may  refuse  to  recognize 
patents  for  any  of  the  following  causes: 

(a)  Because  the  inventions  or  discoveries  may  have  been  published 
in  any  country  prior  to  the  date  of  the  invention  by  the  applicant. 

(b)  Because  the  inventions  have  been  registered,  published,  or 
described  in  any  country  more  than  one  year  prior  to  the  date  of  the 
application  in  the  country  in  which  the  patent  is  sought. 

(c)  Because  the  inventions  have  been  in  public  use,  or  have  been 
on  sale  in  the  country  in  which  the  patent  has  been  applied  for,  one 
year  prior  to  the  date  of  said  application. 


30  INTERNATIONAL  UNIONS. 

(d)  Because  the  inventions  or  discoveries  are  in  some  manner  con- 
trary to  morals  or  laws. 

ART.  VIII.  The  ownership  of  a  patent  of  invention  comprises  the 
right  to  enjoy  the  benefits  thereof,  and  the  right  to  assign  or  transfer 
it  in  accordance  with  the  laws  of  the  country. 

ART.  IX.  Persons  who  incur  civil  or  criminal  liabilities,  because 
of  injuries  or  damage  to  the  rights  of  inventors,  shall  be  prosecuted 
and  punished  in  accordance  with  the  laws  of  the  countries  wherein 
the  offense  has  been  committed  or  the  damage  occasioned. 

ART.  X.  Copies  of  patents  certified  in  the  country  of  origin,  ac- 
cording to  the  national  law  thereof,  shall  be  given  full  faith  and 
credit  as  evidence  of  the  right  of  priority,  except  as  stated  in  Article 
VII. 

ART.  XI.  The  treaties  relating  to  patents  of  invention,  designs,  or 
industrial  models,  previously  entered  into  between  the  countries  sub- 
scribing to  the  present  convention,  shall  be  superseded  by  the  same 
from  the  time  of  its  ratification  in  so  far  as  the  relations  between  the 
signatory  States  are  concerned. 

ART.  XII.  The  adhesion  of  the  American  nations  to  the  present 
convention  shall  be  communicated  to  the  Government  of  the  Argen- 
tine Republic  in  order  that  it  may  communicate  them  to  the  other 
States.  These  communications  shall  have  the  effect  of  an  exchange  of 
ratifications. 

ART.  XIII.  A  signatory  nation  that  sees  fit  to  retire  from  the  pres- 
ent convention,  shall  notify  the  Government  of  the  Argentine  Re- 
public, and  one  year  after  the  receipt  of  the  communication  th3  force 
of  this  convention  shall  cease,  in  so  far  as  the  nation  which  shall  have 
withdrawn  its  adherence  is  concerned. 

In  witness  whereof,  the  plenipotentiaries  have  signed  the  present 
treaty  and  affixed  thereto  the  seal  of  the  Fourth  International  Ameri- 
can Conference. 

Made  and  signed  in  the  city  of  Buenos  Ayres  on  the  20th  day  of 
August,  in  the  year  1910.  in  Spanish,  English,  Portuguese,  and 
French,  and  deposited  in  the  ministry  of  foreign  affairs  of  the 
Argentine  Republic,  in  order  that  certified  copies  be  made  for  trans- 
mission to  each  of  the  signatory  nations  through  the  appropriate 
diplomatic  channels. 

(The  signatures  follow.) 

CONVENTION. 

Protection  of  Trade-Marks. 

Their  Excellencies  the  President  of  the  United  States  of  America, 
the  Argentine  Republic,  Brazil,  Chile,  Colombia,  Costa  Rica,  Cuba, 


INTERNATIONAL  UNIONS.  31 

Dominican  Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mexico, 
Nicaragua,  Panama,  Paraguay,  Peru,  Salvador,  Uruguay,  and  Vene- 
zuela ; 

Being  desirous  that  their  respective  countries  may  be  represented 
at,  the  Fourth  International  American  Conference,  have  sent  thereto 
the  following  delegates,  duly  authorized  to  approve  the  recommenda- 
tions, resolutions,  conventions,  and  treaties  which  they  might  deem 
advantageous  to  the  interest  of  America . 

(Here  follow  the  names  of  the  plenipotentiaries.) 

Who,  after  having  presented  their  credentials  and  the  same  having 
been  found  in  due  and  proper  form,  have  agreed  upon  the  following 
Convention  for  the  Protection  of  Trade-Marks. 

ARTICLE  I.  The  signatory  nations  enter  into  this  convention  for  th? 
protection  of  trade-marks  and  commercial  names. 

ART.  II.  Any  mark  duly  registered  in  one  of  the  signatory  States 
shall  be  considered  as  registered  also  in  the  other  States  of  the  Union, 
without  prejudice  to  the  rights  of  third  persons  and  to  the  provisions 
of  the  laws  of  each  State  governing  the  same. 

In  order  to  enjoy  the  benefit  of  the  foregoing,  the  manufacturer 
or  merchant  interested  in  the  registry  of  the  mark  must  pay,  in 
addition  to  the  fees  or  charges  fixed  by  the  laws  of  the  State  in 
which  application  for  registration  is  first  made,  the  sum  of  fifty 
dollars  gold,  which  sum  shall  cover  all  the  expenses  of  both  bureaus 
for  the  international  registration  in  all  the  signatory  States. 

ART.  III.  The  deposit  of  a  trade-mark  in  one  of  the  signatory 
States  produces  in  favor  of  the  depositor  a  right  of  priority  for 
the  period  of  six  months,  so  as  to  enable  the  depositor  to  make  the 
deposit  in  the  other  States. 

Therefore  the  deposit  made  subsequently  and  prior  to  the  expira- 
tion of  this  period  can  not  be  annulled  by  acts  performed  in  the  inter- 
val, especially  by  another  deposit,  by  publication,  or  by  the  use  of 
the  mark. 

ART.  IV.  The  following  shall  be  considered  as  trade-mark:  Any 
sign,  emblem,  or  special  name  that  merchants  or  manufacturers  may 
adopt  or  apply  to  their  goods  or  products  in  order  to  distinguish 
them  from  those  of  other  manufacturers  or  merchants  who  manufac- 
ture or  deal  in  articles  of  the  same  kind. 

ART.  V.  The  following  can  not  be  adopted  or  used  as  trade-mark : 
National,  provincial,  or  municipal  flags  or  coats  of  arms;  immoral 
or  scandalous  figures;  distinctive  marks  which  may  have  been  ob- 
tained by  others  or  which  may  give  rise  to  confusion  with  other 
marks;  the  general  classification  of  articles;  pictures  or  names  of 
persons  without  their  permission;  and  any  design  which  may  have 
been  adopted  as  an  emblem  by  any  fraternal  or  humanitarian  asso- 
ciation. 

98169—19 3 


32  INTERNATIONAL    UNIONS. 

The  foregoing  provision  shall  be  construed  without  prejudice  to 
the  particular  provisions  of  the  laws  of  each  State. 

ART.  VI.  All  questions  which  may  arise  regarding  the  priority 
of  the  deposit  or  the  adoption  of  a  trade-mark  shall  be  decided  with 
due  regard  to  the  date  of  the  deposit  in  the  State  in  which  the  first 
application  was  made  therefor. 

ART.  VII.  The  ownership  of  a  trade-mark  includes  the  right  to 
enjoy  the  benefits  thereof  and  the  right  of  assignment  or  transfer  in 
whole  or  in  part  of  its  ownership  or  its  use  in  accordance  with  the 
provisions  of  the  laws  of  the  respective  States. 

ART.  VIII.  The  falsification,  imitation,  or  unauthorized  use  of  a 
trade-mark,  as  also  the  false  representation  as  to  the  origin  of  a 
product,  shall  be  prosecuted  by  the  interested  party  in  accordance 
with  the  laws  of  the  State  wherein  the  offense  is  committed. 

For  the  effects  of  this  article,  interested  parties  shall  be  understood 
to  be  any  producer,  manufacturer,  or  merchant  engaged  in  the  pro- 
duction, manufacture,  or  traffic  of  said  product,  or  in  the  case  of  false 
representation  of  origin,  one  doing  business  in  the  locality  falsely 
indicated  as  that  of  origin,  or  in  the  territory  where  said  locality 
is  situated. 

ART.  IX.  Any  person  in  any  of  the  signatory  States  shall  have 
the  right  to  petition  and  obtain  in  any  of  the  States,  through  its 
competent  judicial  authority,  the  annulment  of  the  registration  of  a 
trade-mark,  when  he  shall  have  made  application  for  the  registra- 
tion of  that  mark,  or  of  any  other  mark,  calculated  to  be  confused,  in 
such  State,  with  the  mark  in  whose  annulment  he  is  interested,  upon 
proving : 

(a)  That  the  mark  the  registration  whereof  he  solicits  has  been 
employed  or  used  within  the  country  prior  to  the  employment  or  use 
of  the  mark  registered  by  the  person  registering  it  or  by  the  persons 
from  whom  he  has  derived  title: 

(b)  That  the  registrant  had  knowledge  of  the  ownership,  employ- 
ment, or  use  in  any  of  the  signatory  States  of  the  mark  of  the  appli- 
cant the  annulment  whereof  is  sought  prior  to  the  use  of  the  regis- 
tered mark  by  the  registrant  or  by  those  from  whom  he  has  derived 
title ; 

(c)  That  the  registrant  had  no  right  to  the  ownership,  employ- 
ment, or  use  of  the  registered  mark  on  the  date  of  its  deposit; 

(d)  That  the  registered  mark  had  not  been  used  or  employed  by 
the  registrant  or  by  his  assigns  within  the  term  fixed  by  the  laws  of 
the  State  in  which  the  registration  shall  have  been  made. 

ART.  X.  Commercial  names  shall  be  protected  in  all  the  States  of 
the  Union,  without  deposit  or  registration,  whether  the  same  form 
part  of  a  trade-mark  or  not. 


INTERNATIONAL  UNIONS.  33 

ART.  XI.  For  the  purposes  indicated  in  the  present  convention  a 
Union  of  American  Nations  is  hereby  constituted,  which  shall  act 
through  two  international  bureaus  established  one  in  the  city  of 
Habana,  Cuba,  and  the  other  in  the  city  of  Kio  de  Janeiro,  Brazil, 
acting  in  complete  accord  with  each  other. 

ART.  XII.  The  international  bureaus  shall  have  the  following 
duties : 

1.  To  keep  a  register  of  the  certificates  of  ownership  of  trade-mark 
issued  by  any  of  the  signatory  States. 

*2.  To  collect  such  reports  and  data  as  relate  to  the  protection  of  in- 
tellectual and  industrial  property  and  to  publish  and  circulate  them 
among  the  nations  of  the  union,  as  well  as  to  furnish  them  whatever 
special  information  they  may  need  upon  this  subject. 

3.  To  encourage  the  study  and  publicity  of  the  questions  relating  to 
the  protection  of  intellectual  and  industrial  property ;  to  publish  for 
this  purpose  one  or  more  official  reviews,  containing  the  full  texts  or 
digest  of  all  documents  forwarded  to  the  bureaus  by  the  authorities 
of  the  signatory  States. 

The  Governments  of  said  States  shall  send  to  the  International 
American  Bureaus  their  official  publications  which  contain  the  an- 
nouncements of  the  registrations  of  trade-marks,  and  commercial 
names,  and  the  grants  of  patents  and  privileges  as  well  as  the  judg- 
ments rendered  by  the  respective  courts  concerning  the  invalidity  of 
trade-marks  and  patents. 

4.  To  communicate  to  the  Governments  of  the  Union  any  difficul- 
ties or  obstacles  that  may  oppose  or  delay  the  effective  application 
of  this  convention. 

5.  To  aid  the  Governments  of  the  signatory  States  in  the  prepara- 
tions of  international  conferences  for  the  study  of  legislation  con- 
cerning industrial  property,  and  to  secure  such  alterations  as  it  may 
be  proper  to  propose  in  the  regulations  of  the  Union,  or  in  treaties  in 
force  to  protect  industrial  property.     In  case  such  conferences  take 
place,  the  directors  of  the  bureaus  shall  have  the  right  to  attend  the 
meetings  and  there  to  express  their  opinions,  but  not  to  vote. 

6.  To  present  to  the  Governments  of  Cuba  and  of  the  United  States 
of  Brazil,  respectively,  yearly  reports  of  their  labors,  which  shall  be 
communicated  at  the  same  time  to  all  the  Governments  of  the  other 
States  of  the  Union. 

7.  To  initiate  and  establish  relations  with  similar  bureaus  and  with 
the  scientific   and   industrial  associations   and   institutions   for  the 
exchange  of  publications,  information,  and  data  conducive  to  the 
progress  of  the  protection  of  industrial  property. 

8.  To  investigate  cases  where  trade-marks,  designs,  and  industrial 
models  have  failed  to  obtain  the  recognition  of  registration  provided 


34  INTERNATIONAL  UNIONS. 

for  by  this  Convention,  on  the  part  of  the  authorities  of  any  one  of 
the  States  forming  the  Union,  and  to  communicate  the  facts  and 
reasons  to  the  Government  of  the  country  of  origin  and  to  interested 
parties. 

9.  To  cooperate  as  agents  for  each  one  of  the  Governments  of  the 
signatory  States  before  the  respective  authorities  for  the  better  per- 
formance of  any  act  tending  to  promote  or  accomplish  the  ends  of 
this  Convention. 

ART.  XIII.  The  bureau  established  in  the  city  of  Habana,  Cuba, 
shall  have  charge  of  the  registration  of  trade-marks  coming  from  the 
United  States  of  America,  Mexico,  Cuba,  Haiti,  the  Dominican  Re- 
public, El  Salvador,  Honduras,  Nicaragua,  Costa  Rica,  Guatemala, 
and  Panama. 

The  bureau  established  in  the  city  of  Rio  de  Janeiro  shall  have 
charge  of  the  registration  of  trade-marks  coming  from  Brazil, 
Uruguay,  the  Argentine  Republic,  Paraguay,  Bolivia,  Chili,  Peru, 
Ecuador,  Venezuela,  and  Colombia. 

ART.  XIV.  The  two  International  Bureaus  shall  be  considered  as 
one,  and  for  the  purpose  of  the  unification  of  the  registrations  it  is 
provided : 

(a)  Both  shall  have  the  same  books  and  the  same  accounts,  kept 
under  an  identical  system. 

(b)  Copies   shall   be   reciprocally   transmitted   weekly   from   one 
to  the  other  of  all  applications,  registrations,  communications,  and 
other  documents  affecting  the  recognition  of  the  rights  of  owners  of 
trade-marks. 

ART.  XV.  The  International  Bureaus  shall  be  governed  by  iden- 
tical regulations,  formed  with  the  concurrence  of  the  Governments  of 
the  Republic  of  Cuba  and  of  the  United  States  of  Brazil  and  ap- 
proved by  all  the  other  signatory  States. 

Their  budgets,  after  being  sanctioned  by  the  said  Governments, 
shall  be  defrayed  by  all  the  signatory  States  in  the  same  proportion 
as  that  established  for  the  International  Bureau  of  the  American 
Republics  at  Washington,  and  in  this  particular  they  shall  be  placed 
under  the  control  of  those  Governments  within  whose  territories  they 
are  established. 

The  International  Bureaus  may  establish  such  rules  of  practice  and 
procedure,  not  inconsistent  with  the  terms  of  this  Convention,  as  they 
may  deem  necessary  and  proper  to  give  effect  to  its  provisions. 

ART.  XVI.  The  Governments  of  the  Republic  of  Cuba  and  of 
the  United  States  of  Brazil  shall  proceed  with  the  organization  of 
the  Bureaus  of  the  International  Union  as  herein  provided,  upon  the 
ratification  of  this  Convention  by  at  least  two-thirds  of  the  nations 
belonging  to  each  group. 


INTERNATIONAL  UNIONS.  35 

The  simultaneous  establishment  of  both  bureaus  shall  not  be  neces- 
sary ;  one  only  may  be  established  if  there  be  the  number  of  adherent 
Governments  provided  for  above. 

.ART.  XVII.  The  treaties  on  trade-marks  previously  concluded  by 
and  between  the  signatory  States  shall  be  substituted  by  the  present 
Convention  from  the  date  of  its  ratification,  as  far  as  the  relations 
between  the  signatory  States  are  concerned. 

ART.  XVIII.  The  ratifications  or  adhesion  of  the  American  States 
to  the  present  Convention  shall  be  communicated  to  the  Government 
of  the  Argentine  Republic,  which  shall  lay  them  before  the  other 
States  of  the  Union.  These  communications  shall  take  the  place  of 
an  exchange  of  ratifications. 

ART.  XIX.  Any  signatory  State  that  may  see  fit  to  withdraw  from 
the  present  Convention  shall  so  notify  the  Government  of  the  Argen- 
tine Republic,  which  shall  communicate  this  fact  to  the  other  States 
of  the  Union,  and  one  year  after  the  receipt  of  such  communication 
this  Convention  shall  cease  with  regard  to  the  State  that  shall  have 
withdrawn. 

In  witness  whereof  the  plenipotentiaries  and  delegates  sign  this 
convention  and  affix  to  it  the  seal  of  the  Fourth  International  Ameri- 
can Conference. 

Made  and  signed  in  the  city  of  Buenos  Ayres  on  the  20th  day  of 
August,  in  the  year  1910,  in  Spanish,  English,  Portuguese,  and 
French,  and  filed  in  the  Ministry  of  Foreign  Affairs  of  the  Argentine 
Republic  in  order  that  certified  copies  may  be  made,  to  be  forwarded 
through  appropriate  diplomatic  channels  to  each  one  of  the  signatory 
nations. 

(The  signatures  follow.) 


AUSTRIA. 

[Law  of  the  llth  of  January,  1807,  for  the  Protection  of  Inventions  (Patent  Law).J 

With  the  consent  of  both  Houses  of  the  Imperial  Parliament  I 
decree  as  follows : 

I.  GENERAL  PROVISIONS. 

INVENTIONS  EXCLUDED  FROM  PROTECTION  BY  PATENT. 

SECTION  1.  New  inventions  which  allow  of  industrial  application 
shall  be  protected  under  this  law. 

Patents  shall  be  granted  for  the  same  upon  application. 

INA^ENTIONS   EXCLUDED   FROM   PROTECTION   BY    PATENT. 

SEC.  2.  Patents  shall  not  be  granted : 

1.  For  inventions  the  object  or  use  of  which  is  contrary  to  law  or 
morality  or  injurious  to  health,  or  which  are  obviously  intended  to 
mislead  the  public. 

2.  For  scientific  doctrines  or  principles  as  such. 

3.  For  inventions  the  subject  of  which  is  reserved  for  a  State 
monopoly. 

4.  For  inventions  concerning — 

(a)  Articles  for  human  food  and  consumption, 
(1)}  Preparations  for  medicine  or  disinfection, 
(c)   Products  which  are  obtained  by  chemical  methods, 
in  so  far  as  the  inventions  mentioned  in  paragraph  4,  (a)  to  (<?),  do 
not  relate  to  a  definite  technical  process  for  the  production  of  such 
articles. 

NOVELTY. 

SEC.  3.  An  invention  shall  not  be  regarded  as  new  if  before  the 
date  of  its  application  under  this  law  it  already— 

(1)  Have  been  so  described  in  public  prints  that  its  use  appears  to 
be  thereby  rendered  possible  by  persons  versed  in  the  art;  or 

(2)  Have  been  so  openly  used,  openly  exhibited  or  produced  in  the 
country  that  its  use  by  persons  versed  in  the  art  appears  thereby 
possible;  or 

36 


AUSTRIA.  37 

(3)  Have  formed  the  subject  of  a  patent  that  has  been  in  force  in 
the  purview  of  this  law  and  has  become  common  property. 

The  Government  shall  be  empowered  to  grant  to  foreign  States 
the  favor  (to  be  notified  in  the  Patent  Journal,  [sec.  44])  that  the 
patent  specifications  officially  published  by  them  shall  not  be  con- 
sidered equivalent  to  public  prints  in  the  sense  of  this  law  from  the 
date  of  their  publication,  but  only  after  a  term  of  at  most  six 
months. 

CLAIM   TO   A    PATENT. 

SEC.  4.  The  author  of  an  invention,  or  his  legal  successors,  shall 
alone  have  a  claim  to  the  grant  of  a  patent.  Until  the  contrary  be 
shown,  the  first  applicant  shall  be  regarded  as  the  author  of  the 
invention.  A  later  application  shall  give  no  claim  to  a  patent  if  the 
invention  have  already  been  the  subject  of  a  patent  or  privilege  or 
the  subject  of  a  prior  application  under  consideration  which  even- 
tuates in  the  grant  of  a  patent  or  privilege.  If  these  assumptions  be 
only  partially  substantiated  the  later  applicant  shall  only  have  the 
right  to  the  grant  of  a  correspondingly  restricted  patent. 

If  the  improvement  or  other  further  development  of  an  invention 
already  protected  by  patent,  or  for  which  application  for  a  patent 
has  been  made  which  leads  to  the  grant  of  the  same,  be  applied  for  by 
the  owner  of  the  mother  patent  or  his  legal  successors,  it  shall  be 
open  to  him  to  obtain  for  the  improvement  either  an  original  patent 
or  a  patent  of  addition  dependent  on  the  mother  patent. 

If  it  appear  that  the  industrial  use  of  an  invention  for  which  a 
patent  has  been  applied  for  presupposes  the  entire  or  partial  use  of 
an  already  patented  invention,  the  patent  applied  for  shall  be  granted 
Avith  the  condition  that  it  is  dependent  on  another  patent  to  be. 
definitely  designated  (declaration  of  dependency).  This  condition 
shall  also  be  inserted  in  the  notice  concerning  the  grant  of  the  patent, 
and  in  the  patent  document. 

SEC.  5.  The  first  applicant  shall,  however,  have  no  claim  to  the 
grant  of  a  patent  if  he  be  not  the  author  of  the  invention  applied 
for,  or  his  legal  successor,  or  if  the  essential  contents  of  his  applica- 
tion have  been  taken  without  consent  from  the  description,  drawings, 
models,  tools,  or  apparatus  of  another,  or  from  a  process  used  by 
him,  and  if,  in  the  former  case,  a  claim  be  raised  by  the  author  or 
his  legal  successor,  and,  in  the  latter,  by  the  party  prejudiced. 

If  the  invention  have  come  into  the  possession  of  a  person  in  suc- 
cession to  another  who  obtained  it  without  permission,  then  in  .case 
of  contest  the  earlier  possessor  shall  rank  before  the  later. 

Workmen,  officials,  and  Government  servants  shall  be  deemed  the 
originators  of  the  inventions  made  by  them  in  service,  unless  other- 
Aviso  determined  by  a  deed  of  agreement  or  the  rules  of  the  service. 


3  8  AUSTRIA. 

Conditions  of  contract  or  service  by  which  it  is  sought  to  withhold 
an  official  or  servant  in  an  industrial  undertaking  from  the  due  benefit 
of  the  invention  made  by  him  in  service  shall  have  no  legal  validity. 

PROTECTION   OF   INVENTIONS   IN   EXHIBITIONS. 

SEC.  6.  Inventions  which  are  placed  on  view  in  native  exhibitions 
may,  from  the  date  of  their  admittance  to  the  exhibition  until  three 
months  after  the  close  of  the  exhibition,  be  granted  provisional  pro- 
tection by  patent  under  easier  conditions. 

The  grant,  as  ajso  the  settling  of  the  conditions  of  this  protection, 
shall  be  determined  by  the  regulating  powers  of  the  Minister  of 
Commerce. 

REPRESENTATIVE. 

SEC.  7.  Any  person  not  residing  in  the  country  may  only  claim  the 
grant  of  a  patent  and  the  rights  resulting  therefrom  if  he  have  a. 
representative  residing  in  the  country. 

The  name  and  residence  of  this  representative,  and  also  every 
change  in  the  representation,  shall,  together  with  the  power  of  at- 
torney, be  lodged  .at  the  Patent  Office  for  entry  in  the  register  of 
patents. 

It  shall  be  determined  by  regulations  what  the  power  to  be  de- 
posited at  the  Patent  Office  shall  contain. 

The  place  at  which  the  representative  has  his  residence,  and  in  de- 
fault of  the  same  the  place  at  which  the  Patent  Office  has  its  seat, 
shall  serve  for  the  business  concerning  the  patent  as  residence  of  a 
patentee  not  residing  in  the  country. 

Delivery  to  the  representative  shall  have  the  same  legal  effect  as 
if  it  had  been  to  the  patentee  himself. 

EFFECT  OF  THE  PATENT. 

SEC.  8.  The  patent  has  the  effect  that  the  patentee  shall  exclusively 
be  entitled  to  commercially  produce,  bring  into  the  market,  expose 
for  sale,  or  use  the  subject  of  the  invention. 

If  the  patent  be  granted  for  a  process,  the  effect  shall  extend  also 
to  the  articles  made  directly  by  this  process. 

SEC.  9.  The  patent  shall  have  no  effect  against  those  who  already, 
at  the  date  of  the  application,  have  in  good  faith  used  the  invention 
in  the  country,  or  who  have  made  the  necessary  preparations  for  such 
use  (previous  user). 

Such  persons  shall  be  authorised  to  use  the  invention  for  the  needs 
of  their  own  trade  in  their  own  or  other  works. 

This  right  shall  only  be  transferred  or  inherited  together  with  the 
business. 


AUSTRIA.  39 

The  previous  user  may  demand  that  his  privilege  shall  be  acknowl- 
edged by  the  owner  of  the  patent  by  the  drawing  up  of  a  document. 
Should  this  acknowledgment  be  refused,  the  Patent  Office  shall  upon 
request  decide  concerning  the  demand  raised,  in  the  manner  provided 
for  the  opposition  process.  The  granted  privilege  shall  be  entered 
en  the  patent  register  at  the  request  of  the  owner. 

SEC.  10.  The  War  Office  shall  have -the  right,  in  agreement  with 
the  Minister  of  Commerce,  to,  for  their  needs,  make  use  of,  or  through 
their  trade  agents  allow  use  to  be  made  of,  inventions  which  relate 
to  weapons  of  war,  explosives  or  munitions,  fortifications  or  ships  of 
war.  necessary  for  the  improvement  of  military  craft,  without  it 
being  possible  to  enforce  as  against  the  War  Office  any  rights  arising 
from  the  patent  granted. 

In  so  far  as  an  agreement  is  not  come  to  concerning  a  fair  compen- 
sation between  the  owner  of  the  patent  and  the  War  Office  with  the 
consent  of  the  Minister  of  Finance,  the  Minister  of  Finance  shall  de- 
cide thereon  in  agreement  with  the  Minister  of  Commerce  and  the 
War  Office. 

The  exercise  of  the  right  of  use  appertaining  to  the  War  Office  shall 
not  be  dependent  upon  the  course  of  this  negotiation. 

SEC.  11.  If  it  shall  appear,  even  after  the  grant  of  a  patent  for  an 
invention,  that  its  subject  in  a  certain  method  of  its  application  is 
reserved  for  a  State  monopoly,  the  patent  shall,  with  regard  to  this 
method  of  application,  have  no  effect  against  the  Government  or  War 
Office. 

SEC.  12.  A  patent  shall  have  no  effect  against  vessels  or  vehicles, 
and  against  fittings  on  vessels  or  vehicles,  which  only  temporarily 
come  into  the  country  upon  occasion  of  their  use  in  trade. 

-  i 

RELATION   OF  SEVERAL  PATENTEES  TO  EACH  OTHER. 

SEC.  13.  A  patent  applied  for  by  several  persons  as  joint  owners 
of  the  same  invention  shall  be  granted  to  the  same  without  defining 
their  interests.  < 

The  legal  relations  of  the  joint  owners  to  a  patent  amongst  them- 
selves shall  be  decided  by  common  law. 

The  right  to  grant  third  persons  the  use  of  the  invention  shall, 
in  case  of  doubt,  belong  only  to  the  united  joint  owners;  each  for 
himself  shall,  however,  have  the  right  legally  to  proceed  against 
infringement  of  the  patent. 

.      TERM    OF    THE    PATENT. 

SEC.  14.  The  term  of  the  patent  shall  be  fifteen  years ;  the  currency 
of  this  term  commences  with  the  date  of  the  notice  of  the  invention 
in  the  patent  journal  (sec.  57.) 


40  AUSTRIA. 

Patents  of  addition  shall  expire  with  the  mother  patent.  A  pat- 
ent of  addition  may,  however,  expressly  be  upheld  as  an  inde- 
pendent patent  if  the  mother  patent  be  withdrawn,  declared  void,  or 
renounced.  Its  term  shall  then  be  determined  by  the  date  of  com- 
mencement of  the  mother  patent.  With  regard  to  the  date  on  which 
the  yearly  taxes  fall  due,  and  the  amount  thereof,  the  patent  of  addi- 
tion which  has  become  independent  shall  take  the  place  of  the  mother 
patent. 

EXPROPRIATION . 

SEC.  15.  If  the  interest  of  the  armed  forces,  or  the  public  welfare, 
or  other  cogent  interest  of  State  require  that  an  invention  for  which 
a  patent  has  been  applied  for  or  already  granted  shall  be  wholly  or 
partially  used  by  the  Government  or  War  Office,  or  given  up  to  the 
public  use,  the  Government  or  War  Office  shall  be  authorized  wholly 
or  partially  to  expropriate  this  patent  or  the  right  to  the  use  of  the 
invention,  against  suitable  indemnity  determined  by  the  judgment  of 
the  political  district  court  in  Vienna,  and  to  use  or  to  give  up  to 
general  use  the  invention  upon  the  ground  of  the  judgment  of  expro- 
priation. 

If  there  be  danger  in  delay,  the  Government  or  War  Office  may.  on 
preliminary  permission  of  the  said  political  district  court,  and  on  the 
ground  of  a  presented  request  for  expropriation,  at  once  use  or  give 
up  to  public  use  the  invention,  upon  condition,  however,  that  this 
be  ratified  by  a  subsequent  judgment  of  expropriation. 

Besides  the  patentee,  those  persons  also  who  are  already  legally 
entitled  to  the  use  of  the  invention  shall,  in  case  they  are  now  de- 
prived of  the  same,  be  paid  a  suitable  compensation  out  of  the  State 
treasury. 

With  respect  to  the  amount  of  compensation,  it  shall  be  the  aim 
to  come  to  an  understanding  between  the  applicant  for  the  patent 
or  the  patentee  and  the  possible  licensees  to  use;  should  such  not  be 
brought  about,  the  decision  concerning  the  claim  for  compensation 
shall  be  for  the  court,  with  the  concurrence,  if  necessary,  of  experts. 
The  patentee  shall  have  the  right  to  choose  one  of  the  experts.  In 
determining  the  amount  of  compensation,  in  all  cases,  regard  shall 
only  be  had  to  the  effect  which  the  expropriation  of  the  patent  will 
have  relatively  to  this  country. 

The  negotiation  concerning  the  amount  of  compensation  shall  have 
no  restrictive  action  on  the  enjoyment  of  the  right  to  the  use  of  the 
invention  to  which  the  Government  or  War  Office  lay  claim,  for  itself 
or  for  the  people. 

Interested  parties  entered  in  the  register  of  patents  shall  be  im- 
mediately informed  by  the  Patent  Office  of  such  a  claim  to  a  patent. 


AUSTRIA.  41 

DEPENDENCE   OF   THE   PATENT  ON    EXISTING   LAWS. 

SEC.  16.  The  grant  of  a  patent  shall  in  no  way  absolve  the  owner 
from  the  observance  of  legal  provisions  which  exist,  or  may  be  made, 
for  considerations  of  public  health,  safety,  or  morality,  or  in  the 
general  interests  of  the  State. 

SEC.  17.  The  author  of  an  invention,  or  his  legal  successor,  in  so 
far  as  he  limits  himself  to  the  use  of  the  patented  invention,  shall, 
without  prejudice  to  the  provisions  of  section  16,  not  be  bound  by  the 
prescriptions  in  force  relating  to  the  entry  into  trades. 

TRANSFERS. 

SEC.  18.  Rights  arising  from  the  application  for  a  patent  and 
patent  rights  shall  pass  to  the  heirs;  this  right  shall  not  be  escheated. 

Both  rights  may  be  transferred  to  another,  wholly  or  in  any  pro- 
portions, by  legal  deed,  judicial  decision,  or  testamentary  disposition. 

Registration  of  the  transfer  (sec.  23)  necessary  for  the  acqiiisition 
of  the  patent  right  shall  be  effected  by  the  Patent  Office,  upon  judicial 
requisition,  or  upon  a  written  request  for  transfer  by  one  of  the 
parties  concerned.  The  transfer  document  shall  be  produced,  to- 
gether with  the  request  for  transfer;  the  signature  of  the  assignor 
upon  the  former  shall,  if  it  do  not  possess  the  character  of  a  public 
document,  be  authenticated. 

The  request  for  transfer  and  the  transfer  document  shall  undergo 
examination  at  the  Patent  Office  as  to  form  and  contents. 

If  the  right  arising  out  of  an  application  for  a  patent  be  trans- 
ferred, the  patent  shall,  if  granted,  and  if  both  the  request  for  trans- 
fer and  the  transfer  document  be  in  accordance  with  the  aforesaid  re- 
quirements, be  issued  to  the  legal  successor  of  the  applicant. 

MORTGAGE. 

SEC.  19.  The  patent  right  may  form  the  subject  of  a  mortgage. 

VOLUNTARY  LICENSES. 

SEC.  20.  The  patentee  shall  be  entitled  to  n1ake  over  the  use  of  the 
invention  to  third  parties  for  the  entire  province  of  the  patent,  or 
for  a  portion  of  the  same,  with  or  without  the  exclusion  of  other 
licenses  to  use  (license). 

COMPULSORY  LICENSES. 

SEC.  21.  The  owner  of  a  patent  for  an  invention  which,  without 
using  an  invention  previously  patented,  can  not  be  turned  to  account, 


42  AUSTRIA. 

shall  be  entitled  to  demand  from  the  owner  of  the  latter  the  grant 
of  a  license  to  use  the  same,  if  from  the  date  of  the  publication  of  the 
grant  of  the  earlier  patent  in  the  patent  journal  three  }7ears  have 
elapsed,  and  the  later  invention  be  of  considerable  commercial  im- 
portance. 

A  license  granted  shall  entitle  the  owner  of  the  earlier  patent  also 
on  his  side  to  demand  a  license  from  the  subsequent  patentee,  which 
shall  empower  him  to  use  the  later  invention,  under  the  condition, 
however,  that  this  latter  stands  in  positive  connection  with  the  earlier 
invention. 

If  it  shall  appear  that  the  grant  to  another  of  the  permission  to 
use  an  invention  be  in  the  public  interest,  any  one,  even  if  the  assump- 
tions of  paragraphs  1  and  2  do  not  apply,  and  if  his  personal  trust- 
worthiness be  shown,  shall  be  entitled,  after  the  expiration  of  three 
years  from  the  date  of  the  publication  of  the  grant  of  the  patent  in 
the  patent  journal,  to  demand  from  the  patentee  permission  to  use 
the  invention  for  his  business. 

If  in  these  cases  the  license  be  refused  by  the  patentee  the  Patent 
Office  shall  decide  concerning  the  demand  made,  and  shall  determine, 
in  case  of  the  grant  of  the  license,  the  compensation  to  be  given,  the 
guarantee,  and  also  any  further  conditions  of  use,  regard  being  had 
to  the  nature  of  the  invention  and  the  circumstances  of  the  case. 

If  the  decision  be  concerning  the  grant  of  a  license  in  the  public 
interest,  the  Patent  Office  shall  obtain  the  views  of  the  Ministries 
concerned  upon  the  question  of  the  existence  of  the  public  interest, 
and  make  these  views  the  basis  of  its  own  decision. 

The  foregoing  provisions  shall  not  apply  to  patents  of  the  Gov- 
ernment or  War  Office. 

TRANSFER  OF  LICENSES. 

SEC.  22.  A  license  granted  by  the  patentee  or  Patent  Office  shall 
without  the  permission  of  the  patentee  only  be  assignable  by  the 
licensee  to  living  persons,  together  with  the  business  for  which  the 
license  is  granted,  and  shall  only  then  pass  by  death  to  the  legal  suc- 
cessor of  the  licensee  if  the  undertaking  for  which  the  license  was 
granted  be  carried  on  by  such  successor. 

EFFECT  OF  ENTRY  IN  THE  REGISTER  OF  PATENTS. 

SEC.  23.  The  patent  right  (sec.  18),  the  mortgage  right,  and  other 
rights  accruing  on  patent  rights  shall  be  acquired  and  become  effective 
against  third  parties  on  their  entry  in  the  register  of  patents. 

The  provisions  of  the  civil  code  shall  apply  respecting  the  date  of 
the  acquisition  of  the  license  rights.  As  against  third  parties,  the 


AUSTRIA.  4S 

license  rights  shall  only  operate  on  their  entry  in  the  register  of 
patents. 

The  priority  of  the  aforesaid  rights  shall  be  decided  by  the  sequence 
of  the  arrival  at  the  Patent  Office  of  the  requests  for  registration,  on 
the  assumption  that  the  request  leads  to  registration. 

Requests  arriving  at  the  same  time  shall  enjoy  equal  priority. 

DUTIES. 

SEC.  24.  Any  person  acquiring  a  patent  shall  take  over  the  obliga- 
tions attaching  to  it  which  at  the  date  of  the  lodging  of  the  request 
for  registration  at  the  Patent  Office  are  apparent  from  the  register  of 
patents,  or  have  been  duly  ordered  to  be  registered. 

LITIGATION  CAVEATS. 

SEC.  25.  Suits  pending  at  the  courts  which  concern  the  ownership 
of  a  patent,  a  mortgage  right,  as  well  as  any  other  right  accruing 
on  a  patent,  and  also  the  request  for  the  grant  of  licenses  (sec.  21), 
the  withdrawal,  annulment,  forfeiture,  dependency  or  decision  con- 
cerning the  relative  inefficacy  of  a  patent,  may  upon  request  form  the 
subject  of  a  litigation  caveat  in  the  register  of  patents. 

The  litigation  caveat  shall  have  the  effect  that  the  decision  shall 
also  be  fully  effective  against  those  persons  who  only  after  the  date 
of  the  arrival  at  the  Patent  Office  of  the  request  for  a  litigation  caveat 
have  obtained  registration  in  the  register  of  patents. 

EXPIRATION  . 

SEC.  26.  A  patent  shall  be  void : 

1.  Provided  the  payment  of  the  yearly  taxes  have  been  properly 
made,  at  the  latest  at  the  end  of  the  fifteenth  year. 

2.  If  the  yearly  taxes  have  not  been  properly  paid  into  the  cash 
office  of  the  Patent  Office,  or  at  a  Post  Office  of  the  country  for  con- 
veyance to  the  same. 

3.  If  the  patentee  renounce  the  same. 

If  the  renunciation  concern  only  certain  portions  of  the  patent,  the 
patent  shall  be  valid  in  respect  of  the  remaining  portions,  provided 
these  can  still  form  the  subject  of  an  independent  patent. 

In  the  cases  of  expiration  caused  by  effluxion  of  time  (1  and  2) 
the  same  shall  operate  from  the  day  following  the  expiration  of  the 
last  year  of  validity,  in  the  case  of  renunciation  (3)  from  the  day 
following  the  giving  notice  of  the  renunciation  at  the  Patent  Office. 

WITHDRAWAL. 

SEC.  27.  A  patent  may  be  wholly  or  partially  withdrawn  if  the 
patentee  or  his  legal  successor  neglect  to  work,  or  allow  to  be  worked, 


44  AUSTRIA. 

the  invention  in  the  country  to  a  suitable  extent,  or  to  do  everything 
necessary  to  insure  such  working.  The  withdrawal  may  in  this  case 
take  place  not  earlier  than  after  the  expiration  of  three  years  from 
the  date  of  the  publication  of  grant  of  the  patent  in  the  patent  jour- 
nal. This  time  limit  shall  not  hold  good  if  the  patentee  or  his  legal 
successor,  notwithstanding  the  invention  is  being  worked  abroad  and 
the  public  interest  requires  working  also  in  the  country,  continue  to 
satisfy  the  native  demand  exclusively,  or  to  the  greatest  extent,  by 
importation  instead  of  by  production  to  a  proper  extent  in  the 
country. 

If  a  patent  ought  to  be  withdrawn  before  the  expiration  of  three 
years  from  the  date  of  the  publication  of  the  grant  in  the  Patent 
Journal,  the  withdrawal  shall  be  preceded  by  a  threat,  stating  the 
grounds  and  fixing  a  suitable  term  for  the  adequate  working  of  the 
invention.  This  term  should  not  end  before  the  expiration  of  three 
years  from  the  date  of  the  application  for  the  patent. 

The  withdrawal  shall  become  operative  on  the  day  on  which  the 
decision  of  withdrawal  becomes  legally  valid.  If,  however,  the  with- 
drawal have  been  preceded  by  a  threat,  the  withdrawal  shall  become 
operative  on  the  last  day  of  the  term  for  legal  working  as  fixed  in  the 
threat,  such  day  being  set  out  in  the  decision  of  withdrawal. 

[NOTE. — These  two  p.Mni. graphs  were  substituted  by  the  net  of  the  29th  of 
December.  1908,  and  en  me  into  force  six  months  after  that  date.] 

These  provisions  shall  not  applv  to  Government  or  War  Office 
patents. 

ANNULMENT. 

SEC.  28.  A  patent  shall  be  declared  void  when  it  appears: 

1.  That  the  subject  was  not  patentable  according  to  sections  1,  2, 
or  3. 

2.  That  the  invention  is  the  subject  of  a  patent  or  privilege  of  an 
earlier  applicant. 

If  one  of  these  assumptions  (1  and  2)  only  partially  obtain,  the 
declaration  of  nullity  shall  consist  of  a  corresponding  restriction  of 
the  patent. 

The  legally  operative  declaration  of  nullity  of  a  patent  shall  date 
back  to  the  elate  of  the  application  for  the  patent.  In  the  case  of 
paragraph  2,  the  license  rights  legally  given  by  the  later  applicant, 
and  in  good  faith  acquired  and  entered  one  year  previously  on  the 
register  of  patents  by  third  persons,  which  are  affected  by  no  legally 
grounded  litigation  caveat  (sec.  25),  shall,  however,  remain  unaf- 
fected by  this  retrospective  action,  without  prejudice  to  the  compen- 
sation claim  arising  therefrom,  against  the  later  applicant. 


AUSTRIA.  45 

FORFEITURE. 

SEC.  -JO.  The  patent  shall  be  forfeited  by  a  patentee  if  it  be  shown : 

1.  That  the  patentee  is  not  the  author  of  the  invention,  or  his  legal 
successor,  or  is  not  to  be  regarded  as  such  (sec.  5)  ;  or 

2.  That  the  essential  contents  of  the  application  have  been  taken 
from  the  description,  drawings,  models,  tools,  or  apparatus  of  an- 
other, or  from  a  process  used  by  him,  without  his  consent. 

If  one  of  these  assumptions  (1  and  2)  only  partially  obtain,  the 
patent  shall  only  be  partially  forfeited  by  the  patentee. 

The  claim  for  the  forfeiture  of  a  patent  shall,  in  the  first  case,  be 
made  only  by  the  author,  his  legal  successors,  and  those  who  in  the 
^ense  of  section  5  are  to  be  regarded  as  the  author,  in  the  second  case 
only  by  the  injured  party,  and  is  limited  against  the  patentee  in 
good  faith  to  within  three  years  from  the  date  of  his  entry  in  the 
register  of  patents. 

The  reciprocal  claims  for  compensation  and  reclamation,  arising 
out  of  the  forfeiture,  shall  be  decided  according  to  the  civil  code,  and 
be  enforced  by  a  civil  suit. 

If  the  author  or  the  injured  party  be  successful,  it  shall  be  open 
to  him,  within  thirty  days  after  delivery  of  the  legally  valid  decision 
of  forfeiture,  to  demand  the  transfer  of  the  patent  to  himself. 

The  omission  of  such  a  demand  of  transfer  in  time  shall  be  held 
equivalent  to  renunciation  of  the  patent. 

License  rights  legally  given  by  the  former  patentee,  in  good  faith 
acquired  by  third  persons,  and  entered  in  the  register  of  patents  one 
year  previously,  shall,  in  so  far  as  they  are  not  affected  by  any  legally 
grounded  litigation  caveat  (sec.  25).  and  without  prejudice  to  the 
compensation  claim  arising  therefrom  against  the  original  patentee, 
remain  valid  in  the  case  of  such  a  patent  transfer  also  against  the 
new  owner  of  the  patent. 

DECLARATION   OF  DEPENDENCY. 

SEC.  30.  The  owner  of  a  patent  may  apply  at  the  Patent  Office  for 
a  decision  that  the  industrial  application  of  a  patented  invention 
involves  the  whole  or  partial  use  of  his  invention.  The  Patent  Office 
shall  decide  concerning  such  a  request  under  the  proceedings  pro- 
vided for  in  the  opposition  process. 

RIGHT  OF  RETALIATION. 

SEC.  31.  A  right  of  retaliation  may  be  brought  into  action  by  order 
of  the  whole  Ministry  against  subjects  of  a  foreign  State  which  grant 
incomplete  or  no  protection  to  the  inventions  of  Austrian  subjects. 


46  AUSTRIA. 

BOSNIA  AND  HERZEGOVINA. 

SEC.  32.  With  regard  to  the  validity  of  the  patents  granted  under 
this  law  in  Bosnia  and  Herzegovina,  the  regulations  issued  upon  the 
basis  of  the  law  of  the  20th  of  December,  1879,  shall  apply. 

II.  PATENT  AUTHORITIES,  JOURNALS,  AND  INSTITUTIONS. 

FUNCTIONS  OF  THE  PATENT  OFFICE. 

SEC.  33.  The  grant,  withdrawal,  declaration  of  nullity,  forfeiture, 
and  the  declaration  of  dependency,  the  decision  concerning  the  rela- 
tive inefficacy  of  a  patent  (sec.  9),  the  decision  concerning  infringe- 
ment (sec.  Ill)  and  the  granting  of  licenses  (sec.  21),  and  also  all 
entries  in  the  register  of  patents,  shall  rest  with  the  Patent  Office. 

The  Patent  Office  shall  further,  upon  request  of  the  court,  be  under 
the  obligation  of  giving  written  opinions  upon  questions  concerning 
patents,  if  in  legal  proceedings  differing  opinions  from  experts  have 
been  submitted. 

SEAT  AND  COMPOSITION  OF  THE  PATENT  OFFICE. 

SEC.  34.  The  Patent  Office  shall  have  its  seat  at  Vienna. 

It  shall  consist  of  a  president,  his  deputies,  and  of  the  necessary 
number  of  legal  and  technical  members  as  councillors. 

The  members  shall  be  partly  permanent,  partly  non-permanent. 

The  president,  as  also  the  chairman  of  the  appeal  and  annulment 
departments  (sec.  36),  shall  be  versed  in  the  law. 

The  president,  his  deputy,  and  the  permanent  members  shall  be 
salaried  Government  officials. 

The  non-permanent  members  shall  enjoy  functional  pay. 

The  organization  of  the  Patent  Office  shall  be  determined  by  regu- 
lation. 

SEC.  35.  The  president,  his  deputy,  and  the  members  of  the  Patent 
Office  shall,  upon  the  proposal  of  the  Minister  of  Commerce,  be  nom- 
inated by  the  Emperor. 

The  appointment  of  the  non-permanent  members  shall  be  for  a 
term  of  five  years;  after  its  expiration  they  may  be  reappointed. 

The  Patent  Office  shall  form,  with  reference  to  its  outward  business 
relations,  an  independent  office.  With  reference  to  its  supreme  direc- 
tion, it  shall  stand  directly  under  .the  Minister  of  Commerce,  who 
shall  also  appoint  its  staff. 


AUSTRIA.  47 

DEPARTMENTS. 

SEC.  36.  In  the  Patent  Office  there  shall  be  formed : 

1.  Application  departments  for  patent  applications,  assignments, 
mortgages,  voluntarily  granted  licenses,  declarations  of  dependency 
(sec.  4),  and  litigation  caveats.  , 

2.  Appeal  departments  for  appeals,  and 

3.  An  annulment  department  for  requests  for  withdrawal,  nullity, 
forfeiture,  and  declarations  of  dependency  (sec.  30)  of  patents,  for 
decisions  concerning  the  relative  inefficacy  of  a  patent,  for  applica- 
tions for  decisions  as  to  infringement,  and  for  requests  for  the  grant 
of  compulsory  licenses. 

DECISIONS  IN     THE  DEPARTMENTS. 

SEC.  37.  The  application  departments  shall  form  their  decisions  at 
sittings  of  three  permanent  members,  including  the  chairman, 
amongst  whom  there  shall  be  (if  it  do  not  concern  decisions  in  the 
sense  of  sec.  40)  two  technical  members  present. 

The  final  decisions  of  the  appeal  departments  and  the  annulment 
department  shall  be  given  by  a  quorum  of  two  members  versed  in  the 
law,  inclusive  of  the  chairman,  and  of  three  technical  members.  The 
presence  of  three  members,  of  whom  two  shall  be  technical  members, 
shall  suffice  in  the  intermediate  decisions  in  both  these  departments. 

Experts  who  are  not  members  may  be  called  in  to  advise;  these 
shall  not  take  part  in  the  voting. 

The  orders  prepared  for  a  preliminary  decision  or  a  decision  shall 
in  all  departments  be  given  in  the  name  of  the  same  by  the  referee 
intrusted  with  the  matter,  if  necessary  with  the  concurrence  of  a 
technical  member. 

The  preliminary  decisions  and  the  decisions  shall  result  from  an 
absolute  majority  of  votes.  With  an  equality  of  votes  the  vote  of  the 
chairman  shall  be  decisive. 

The  preliminary  decisions  and  the  decisions  shall  be  given  in  the 
name  of  the  Patent  Office,  shall  be  accompanied  by  reasons,  be  given 
in  writing,  and  shall  be  officially  sent  to  all  parties  concerned. 

ORDER  OF  PROCEDURE  OF  THE  PATENT  OFFICE. 

SEC.  38.  The  order  of  procedure  of  the  Patent  Office  shall,  so  far  as 
this  law  does  not  otherwise  provide,  be  regulated  by  means  of  ordi- 
nances by  the  Minister  of  Commerce,  and,  if  other  departmental  Min- 
isters appear  to  be  concerned,  in,  agreement  with  them. 
1)3109—1!) 4 


48  AUSTRIA. 

APPEALS    AGAINST    THE    PRELIMINARY    DECISIONS    AND   DECISIONS    OF   THE 

DEPARTMENTS. 

SEC.  39.  Appeals  against  the  decisions  of  the  application  depart- 
ments shall  be  to  the  appeal  department.  The  same  shall,  unless 
other  provisions  in  the  law  be  provided  for  special  cases,  be  handed 
in  at  the  Patent  Office  within  thirty  days  after  delivery  of  the  de- 
cision. 

No  member  shall  take  part  in  the  deliberation  concerning  the 
appeal  who  has  taken  part  in  the  decision  appealed  against. 

No  further  legal  action,  such  as  an  appeal  to  the  administration 
courts,  shall  lie  against  the  decisions  (intermediate  and  final)  of  the 
appeal  departments. 

An  appeal  shall  lie  to  the  Patent  Court  against  the  final  decisions 
of  the  annulment  department. 

A  separate  appeal  or  complaint  against  the  orders  of  the  referee, 
prepared  for  a  decision  of  an  application  department,  or  a  decision 
of  the  appeal  department  or  annulment  department,  shall  not  be 
permitted. 

A  separate  appeal  also  against  the  intermediate  decisions  of  the  an- 
nulment department  shall  not  be  allowed ;  nevertheless  an  alteration 
of  the  orders  prepared  by  the  referee  in  all  three  departments,  as  also 
in  the  intermediate  decision  of  the  appeal  department  and  annulment 
department,  may  be  proposed  by  the  department  in  question  itself. 

DECISIONS    AND   APPEALS    RELATING.  TO    ENTRIES    ON    THE    REGISTER. 

SEC.  40.  The  decisions  of  the  Patent  Office  concerning  entries  in  the 
register  of  patents  in  accordance  with  sections  0,  18,  19,  20,  21,  23, 
and  25,  and  also  in  the  register  of  patent  agents  in  accordance  with 
section  43,  shall  be  given  by  an  application  department  to  be  com- 
posed of  three  members  versed  in  the  law.  All  interested  parties 
shall  be  informed  of  the  decisions. 

An  appeal  may  be  raised  against  the  decision  within  thirty  days 
after  delivery. 

The  appeal  shall  be.  excepting  in  the  case  reserved  to  the  Ministry 
of  Commerce  in  section  43,  to  the  appeal  department  of  the  Patent 
Office. 

PATENT  COURT. 

SEC.  41.  A  Patent  Court  shall  be  appointed  in  Vienna  as  an  appeal 
court  against  the  decisions  of  the  annulment  department  of  the  Pat- 
ent Office. 

The  same  shall  consist  of  a  president  or  a  president  of  the  senate 
of  the  Supreme  Court  and  Court  of  Cassation  as  president  and  chair- 


AUSTRIA.  49 

man,  a  councilor  of  the  Ministry  of  Commerce,  two  court  councilors 
of  the  Supreme  Court  and  Court  of  Cassation,  or  their  deputies,  and 
of  three  technical  members  as  assessors. 

The  members  of  the  Patent  Court  and  their  deputies  shall  be  ap- 
pointed by  the  Emperor  for  a  period  of  five  years,  upon  the  pro- 
posal of  the  Minister  of  Commerce  in  agreement  with  the  ministries 
concerned.  They  may  be  reappointed. 

Diiring  their  term  of  office  the  provisions  of  Article  6  of  the 
statute  law  concerning  judicial  authority,  and  the  law  of  the  21st  of 
May,  1868.  for  carrying  out  the  same,  shall  apply  to  the  members 
of  the  Patent  Court. 

The  members  of  the  Patent  Court  shall  enjoy  functional  pay. 

The  three  technical  members  shall  be  chosen  for  each  case  from  the 
list  of  the  technical  members  nominated  from  time  to  time  by  the 
president  of  the  Patent  Court. 

The  assistants  and  persons  attached  to  the  court  shall  be  furnished 
by  the  Minister  of  Commerce. 

GROUNDS  OF  EXCLUSION. 

SEC.  42.  Members  of  the  Patent  Office  and  the  Patent  Court  shall 
be  debarred  from  cooperation : 

1.  In  patent  matters  in  which  they  themselves  are  parties,  or  as  to 
which  they  stand  to  one  of  the  parties  in  the  relation  of  a  partner, 
co-obligator,  or  person  liable  to  redress. 

2.  In  patent  matters  of  their  wives,  or  such  persons  to  whom  they 
are  related  in  a  direct  line,  or  related  by  marriage,  or  to  whom  they 
are  related  in  collateral  lineage  to  the  fourth  degree,  or  related  by 
marriage  to  the  second  degree. 

3.  In  patent  matters  of  their  adoptive  or  foster  parents,  adoptive 
or  foster  children,  or  their  wards. 

4.  In  patent  matters  in  which  they  represent  or  have  represented 
one  of  the  parties,  or  respecting  which  they  experience  or  have  in 
view  a  material  loss  or  gain. 

Members  of  the  Patent  Court  shall  further  be  excluded  in  patent 
matters  in  which  they  took  part  at  the  formulating  of  the  decisions 
of  the  Patent  Office. 

PATENT  AGENTS. 

SEC.  43.  Advocates,  officially  authorized  private  technical  persons, 
patent  agents,  and  persons  finding  the  capital,  shall  alone  be 
authorized  to  professionally  represent  parties  before  the  authorities 
in  patent  matters. 


50  AUSTRIA. 

The  official!}"  authorized  private  technical  persons,  as  also  the 
patent  agents,  shall,  however,  be  prohibited  from  professionally 
representing  parties  in  litigation,  concerning  the  withdrawal,  annul- 
ment, or  forfeiture  of  a  patent,  or  privilege,  and  also  in  all  non- 
technical matters. 

Patent  agents  shall  be  appointed  by  the  Patent  Office,  in  proportion 
to  requirements,  with  the  concurrence  of  the  trade  authorities. 

The  practice  of  patent  agency  shall  be  dependent  on  the  entry  of 
the  agents  in  the  register  of  patent  agents,  conducted  by  the  Patent 
Office.  This  entry  shall  be  published  in  the  patent  journal. 

Every  such  entry  shall  be  subjected  to  a  tax  of  100  florins. 

Patent  agents  shall  only  be  appointed  from  amongst  those  persons 
who: 

1.  Are  of  age. 

2.  Are  Austrian  subjects  and  reside  in  the  country. 

3.  Have  not  been  sentenced  for  an  offense  or  crime  committed  for 
gain,  or  such  like  transgression. 

4..  Are  able  to  show  adequate  technical  qualification,  by  production 
of  a  diploma,  or  the  proof  of  a  successful  prescribed  State  examina- 
tion in  a  native  technical  high  school,  in  a  high  school  for  agriculture, 
in  a  mining  college,  or  in  a  faculty  of  philosophy  of  a  native  uni- 
versity, or  a  successful  examination  of  equal  importance  in  an 
analogous  foreign  high  school  of  the  same  standing. 

5.  Have  had  at  least  two  years'  practice  with   a  native  patent 
agent;  and 

6.  Prove  by  a  successful  examination,  before  the  Patent  Office,  after 
completion  of  their  practice,  their  familiarity  with  the  provisions 
of  native  and  foreign  patent  laws. 

The  tax  for  the  examination  in  patent  laws  shall  be  20  florins. 

Patent  agents  shall  be  subjected  to  the  disciplinary  authority  of 
the  Patent  Office. 

In  the  case  of  the  temporary  or  permanent  incapacity  of  a  patent 
agent  to  conduct  the  business  carried  on  by  him,  the  Patent  Office 
shall  be  empowered  if  necessary  to  appoint  a  substitute  for  carrying 
on,  or  winding  up,  his  business. 

An  appeal  to  the  Ministry  of  Commerce  against  the  refusal  to  enter 
on  the  register  of  patent  agents  shall  be  open  to  the  person  concerned 
within  thirty  days  after  delivery  of  the  decision. 

The  issue  of  detailed  provisions  concerning  the  organization  of  the 
Institution  of  Patent  Agents,  and  concerning  disciplinary  proceed- 
ings against  patent  agents,  shall  be  determined  by  the  regulating- 
powers  of  the  Minister  of  Commerce,  in  agreement  with,  the  Minister 
of  the  Interior.  The  decision  whether  a  successful  examination  in  a 
foreign  high  school  be  equal  in  importance  to  the  successful  State  ex- 
amination in  an  analogous  native  high  school  (clause  4  of  this  sec- 


AUSTRIA.  51 

tion)  shall  concern  the  Minister  of  Commerce  in  agreement  with  the 
Minister  for  Culture  and  Education  and  the  Minister  for  Agriculture. 

PATENT  JOURNAL. 

SEC.  44.  A  patent  journal  shall  be  published  periodically  by  the 
Patent  Office,  in  which  shall  appear  the  publications  provided  for  in 
this  law. 

The  establishment  and  publication  of  this  journal  shall  be  deter- 
mined by  the  regulating  powers  of  the  Minister  of  Commerce. 

REGISTER  OF  PATENTS. 

SEC.  45.  A  register  of  patents  shall  be  kept  by  the  Patent  Office, 
which  shall  contain  the  successive  numbers,  the  subject  and  the  term 
of  the  patents  granted,  and  also  the  names,  occupation,  and  residence 
of  the  patentees  and  their  representatives.  The  commencement,  ex- 
piration, lapsing,  opposition,  withdrawal,  declaration  of  nullity,  and 
forfeiture  of  the  patent,  the  expropriation  thereof,  the  declaration 
of  independence  of  a  patent  of  addition,  also  the  declaration  of  de- 
pendency of  a  patent,  and  also  the  transfer  of  a  patent,  license  grants, 
mortgage  rights,  any  other  right  accruing  on  a  patent,  the  inefficacy 
of  a  patent  with  regard  to  a  prior  user  (sec.  9),  the  decisions  con- 
cerning requests  for  decision  as  to  infringement  (sec.  Ill),  and  liti- 
gation caveats,  shall  appear  in  the  register. 

The  descriptions,  drawings,  models,  and  samples  belonging  to 
existing  patents,  also  the  requests  and  documents  forming  the  basis 
of  entries  in  the  register,  shall  be  preserved  by  the  Patent  Office  in 
special  archives. 

Inspection  of  the  register  of  patents,  and  of  the  descriptions, 
drawings,  models,  and  samples,  upon  the  basis  of  which  the  patent 
was  granted,  also  inspection  of  the  requests  and  documents,  and  also 
the  taking  of  abstracts  and  copies,  shall,  in  so  far  as  it  does  not 
concern  an  unpublished  patent  belonging  to  the  Government  or  War 
Office  (sec.  65) ,  be  free  to  everybody.  The  Patent  Office  shall  arrange 
for  the  publication  of  all  alterations  which  concern  the  duration  and 
ownership  of  a  patent. 

The  Patent  Office  shall  publish  the  descriptions  and  drawings  of 
granted  patents,  in  so  far  as  their  inspection  is  free  to  everybody, 
in  separate  printed  specifications  (patent  specifications). 

The  Patent  Office  shall,  upon  request,  give  certified  documents  con- 
cerning entries  in  the  register. 

FINES. 

SEC.  46.  Fines  and  penalties  imposed  by  the  Patent  Office  shall  go 
to  the  State  treasury. 


52  AUSTRIA. 

DELIVERY. 

SEC.  47.  The  delivery  of  documents  from  the  Patent  Office  shall 
take  place  officially,  by  servants  of  the  Patent  Office,  or  through  the 
post. 

In  the  case  of  a  patentee  who  for  a  time  possesses  no  representative 
in  the  country,  or  whose  residence  in  the  country  is  unknown,  the 
Patent  Office  may,  if  necessary,  appoint  a  trustee  to  represent  him, 
delivery  to  whom  shall  be  as  valid  as  to  the  patentee  himself. 

III.  PROCEDURE — (A)  IN  THE  GRANTING  OF  PATENTS. 

PATENT  APPLICATIONS. 

SEC.  48.  Application  for  the  purpose  of  obtaining  a  patent  for  an 
invention  shall  be  made  at  the  Patent  Office  in  the  written  form 
prescribed,  either  by  personal  delivery  or  through  the  post. 

The  date  of  the  delivery  of  the  application  at  the  Patent  Office  shall 
be  deemed  to  be  the  date  of  application. 

EXTENT  OF  THE  APPLICATION. 

SEC.  49.  The  combination  of  two  or  more  inventions  in  a  single 
application  shall  only  be  permitted  if  these  inventions  be  related  as 
component  parts  of,  or  as  means  of  carrying  out,  the  same  object. 

APPLICATION    PETITION. 

SEC.  50.  The  application  shall  contain : 

1.  The  Chriotian  and  surnames,  the  occupation  and  residence  of 
the  applicant  for  the  patent,  and,  if  the  request  be  lodged  through  a 
representative  resident  in  the  country,  the  same  particulars  also  re- 
specting such  agent. 

2.  The  request  for  the  grant  of  the  patent. 

3.  A  short  appropriate  designation  of  the  invention  to  be  patented 
(title). 

4.  The  number  of  years  for  which  the  applicant  intends  to  pay 
the  yearly  fee  before  the  grant  of  the  patent. 

ADDITIONAL    REQUIREMENTS    TO    THE    APPLICATION. 

SEC.  51.  The  application  shall  be  accompanied  by  : 

1.  The  application  tax  of  10  florins  (sec.  114),  or  the  receipt  for 
the  payment  of  this  tax  at  a  post  office  for  remittance  to  the  treasury 
of  the  Patent  Office. 

2.  A  power  appointing  a  representative,  in  the  case  of  the  appli- 
cant for  a  patent  lodging  his  application  through  the  latter. 


;>.  The  specification  of.  the  invention,  prepared  according  to  the 
provisions  of  this  law  (sec.  52),  in  duplicate,  signed  by  the  applicant 
for  the  patent  or  his  representative. 

PATENT    SPECIFICATION. 

SEC.  52.  The  patent  specification  shall : 

1.  Describe  the  invention  in  such  a  clear,  lucid,  and  complete  man- 
ner that  the  use  of  the  invention  is  thereby  rendered  possible  to  per- 
sons versed  in  the  art. 

2.  Exactly  and  distinctly  indicate,  by  one  or  several  claims  at  the 
end  of  the  description,  that  which  is  novel  and  consequently  forms 
the  subject  of  the  patent. 

3.  Comprise  such  drawings,  prepared  in  a  .durable  manner,  as  may 
be  necessary  for  the  understanding  of  the  description,  and,  if  neces- 
sary, also  be  accompanied  by  models  and  samples. 

Alterations  in  the  statements  contained  in  the  description  may  be 
made  until  the  Patent  Office  have  decided  to  publish  the  application. 

With  reference  to  alterations  in  the  essence  of  the  invention,  the 
Patent  Office  (application  department),  after  hearing  the  persons  in- 
terested, may  decide  that  the  application  shall  date  only  from  the 
time  of  making  these  alterations  (sec.  54). 

FriJTIIKU   KEQl :iI?KMEXTS    IX    THE    APPLICATION. 

SEC.  53.  The  creation  of  further  requirements  in  the  application 
and  patent  specification  shall  be  determined  by  the  regulating  powers 
of  the  Minister  of  Commerce,  with  the  concurrence  if  necessary  of 
the  departmental  minister  concerned. 

PRIORITY. 

SEC.  54.  The  applicant  shall  acquire  right  to  priority  for  his  in- 
vention from  the  date  of  the  regular  application  for  a  patent  (sees. 
48-53). 

He  shall,  commencing  with  this  date,  enjoy  priority  as  against  any 
other  similar  invention  applied  for  later. 

If  the  application  be  defective,  it  may,  after  removal  of  the  de- 
fects in  proper  time  (sec.  55),  be  regarded  as  having  been  regularly 
made  at  the  date  of  its  first  delivery,  in  so  far  as  the  removal  of  the 
defects  leaves  unaltered  the  essence  of  the  invention. 

If  the  removal  of  the  defects  in  proper  time  cause  an  alteration 
by  way  of  addition  in  the  essence  of  the  invention,  the  invention  shall 
only  be  deemed  to  have  been  regularly  lodged  at  the  date  of  the  re- 
moval of  the  defects,  and  shall  enjoy  the  right  to  priority  from  this 
date  only. 


54  AUSTRIA. 

PRELIMINARY  EXAMINATION . 

SEC.  55.  The  application  shall  undergo  a  preliminary  examination 
by  a  member  of  the  application  department. 

If  the  application  do  not  comply  with  the  requirements  pre- 
scribed, the  applicant  for  the  patent  shall  be  required  to  remove  the 
defects  within  a  specified  time. 

If  the  preliminary  examination,  made  if  necessary  with  the  con- 
currence of  the  experts  concerned,  show  that  according  to  sections 
1.  2,  or  3  there  is  obviously  no  patentable  invention,  the  patent  ap- 
plicant shall,  after  being  possibly  summoned  and  heard  by  the 
member  of  the  application  department  entrusted  with  the  prelimi- 
nary examination,  be  informed  hereof,  the  reasons  being  given,  and 
shall  be  requested  to  answer  within  a  specified  time. 

The  application  department  shall  give  a  decision  concerning  the 
application  after  receiving  a  reply  within  the  proper  time,  or,  after 
the  expiration  of  this  time,  without  reply. 

The  president  of  the  Patent  Office  shall  have  the  right  of  making 
rules  concerning  the  principles  on  which  the  preliminary  examina- 
tion shall  be  conducted,  and  concerning  the  procedure  to  be  ob- 
served therein  by  the  members  of  the  application  department,  in 
which  it  shall  be  especially  emphasized  that  at  the  preliminary 
examination  the  value  of  the  invention  applied  for  shall  not  be  sub- 
ject to  judgment  of  any  kind. 

REJECTION   OF  THE  APPLICATION. 

SEC.  56.  If  the  original  or  amended  application  do  not  satisfy  the 
prescribed  conditions,  or  if  it  appear  that  according  to  sections  1,  2, 
or  3  there  is  obviously  no  patentable  invention  (sec.  55),  the  appli- 
cation shall  be  rejected. 

If  the  rejection  take  place  upon  a  ground  not  already  known  to 
the  applicant  for  the  patent  on  the  occasion  of  the  preliminary 
examination,  he  shall  be  given  the  opportunity  of  replying  to  this 
ground  of  rejection  within  a  specified  time. 

ACCEPTANCE   OF   THE    APPLICATION,   PUBLICATION,    AND    LAYING   OPEN    TO 

OPPOSITION. 

SEC.  57.  If  the  Patent  Office  be  of  opinion  that  the  application  is 
a.  proper  one,  and  that  the  grant  of  a  patent  is  not  precluded,  it 
shall  order  the  official  publication  of  the  application  (laying  open 
to  opposition).  The  publication  of  the  application  shall  take  place 
by  publishing  once  in  the  official  patent  journal  the  name,  occupa- 
tion, and  residence  of  the  applicant  for  the  patent,  the  subject  of 


AUSTRIA.  55 

the  invention,  and  the  patent  claims  contained  in  the  application,  or 
the  e.-sentiiil  contents  of  the  same,  and  also  the  date  of  application. 

The  legal  rights  under  the  patent  (sec.  8)  shall,  as  regards  the 
subject  of  the  application,  temporarily  commence  in  favor  of  the 
applicant  for  the  patent  from  the  date  of  the  issue  of  the  patent 
journal  (publication),  which  date  shall  be  apparent  upon  the  same. 

Simultaneously  with  the  publication,  the  application,  with  all  an- 
nexed documents,  shall  be  laid  open  to  public  inspection  at  the  Patent 
Office  for  two  months.  The  Patent  Office  may,  if  necessary,  arrange 
for  inspection  at  other  places  also. 

The  patent  specification  laid  open  to  inspection  shall  enjoy  the 
protection  accorded  by  law  to  works  of  literature  until  the  grant  of 
the  patent  and,  if  such  grant  should  not  take  place,  until  the  expira- 
tion of  five  years  from  the  date  of  laying  open  to  inspection. 

The  publication  and  laying  open  to  inspection  shall,  at  the  request 
of  the  applicant  for  the  patent,  be  delayed  for  the  term  of  at  least 
three,  but  at  most  six,  months,  reckoned  from  the  date  of  the  decision 
concerning  publication. 

OPPOSITION. 

SEC.  58.  Opposition  to  the  grant  of  a  patent  may  be  made  at  the 
Patent  Office  within  a  period  of  two  months  from  the  date  of  publi- 
*  ation. 

The  opposition  shall  be  in  writing  and  shall  be  lodged  in  duplicate. 
It  shall  only  be  founded  on  the  following  grounds,  established  by 
definite  facts: 

1.  That  the  subject  is  not  patentable  (sees.  1-3). 

2.  That  the  invention  corresponds  substantially  with  an  invention 
previously  applied  for,  or  previously  patented  or  privileged. 

3.  That  the  "applicant  for  the  patent  is  not  the  author  of  the  in- 
vention, or  his  legal  successor,  or  to  be  regarded  as  such  (sec.  5). 

4.  That  the  essential  contents  of  the  application  opposed  have 
been  taken  without  consent  from  the  descriptions,  drawings,  models, 
tools,  or  apparatus  of  another,  or  from  a  process  used  by  him. 

In  a  case  coming  under  (3)  the  author  only,  or  his  legal  successor, 
and  in  a  case  coming  under  (4)  only  the  injured  party  shall  be  en- 
titled to  oppose. 

A  copy  of  the  opposition  shall  be  handed  to  the  applicant  for  de- 
livery of  his  written  reply  within  a  term  of  thirty  days,  which  term 
may  be  prolonged  for  sufficient  reason. 

OPPOSITION  PROCEDURE. 

SEC  .  59.  As  soon  as  the  reply  has  been  made,  or  the  term  for  its 
delivery  has  expired,  the  referee  entrusted  with  the  matter  shall 


56  AUSTRIA. 

make  the  necessary  arrangements  for  any  further  correspondence 
which  may  be  necessary,  for  hearing  the  parties  interested,  producing 
the  proof  tendered  by  the  parties,  taking  of  proof,  and  also  generally 
for  the  purpose  of  obtaining  the  most  trustworthy  elucidation  of  the 
true  facts. 

CONSIDERATION  OF  EVIDENCE  AND  DECISION. 

SEC.  60.  After  completion  of  the  preliminaries,  the  Patent  Office 
(application  department)  shall,  after  full  consideration  of  the  proof 
brought  forward,  form  a  decision  in  private  session  concerning  the 
grant  of  the  patent. 

COSTS. 

SEC.  61.  In  their  decision  the  Patent  Office  (application  depart- 
ment) shall  at  their  absolute  discretion  state  the  proportions  in  which 
the  costs  of  the  proceedings  and  legal  assistance  shall  fall  on  the 
parties,  and  the  amount  thereof. 

PATENT   APPLICATION    OF   THE   OPPONENT. 

SEC.  62.  If  the  opposition  in  cases  under  section  58,  subsections  '•> 
and  4,  result  in  the  rejection  or  refusal  of  the  application,  the  party 
who  opposed  may,  if  he  on  his  side  make  application  for  the  inven- 
tion within  thirty  days  after  delivery  of  the  decision  of  the  Patent 
Office  respecting  it,  require  that  the  date  of  the  rejected  or  refused 
application  be  fixed  as  the  date  of  his  application. 

APPEAL. 

SEC.  63.  The  applicant  for  a  patent  may  appeal  against  the  de- 
cision by  which  the  application  is  refused  or  sent  back  for  amend- 
ment (sec-s..  56  and  60),  and  the  applicant  for  a  patent,  or  the  party 
who  opposed,  may  appeal  against  the  decision  granting  a  restricted 
or  unrestricted  patent,  such  appeals  to  be  entered  within  thirty  days 
after  delivery  of  the  decision. 

Appeals  made  too  late  shall  be  rejected  without  instituting  the  ap- 
peal procedure. 

The  appeal,  and  its  annexed  documents,  shall  be  lodged  together 
with  the  number  of  copies  necessary  for  the  opponent* 

A  copy  of  the  appeal  shall  be  given  to  the  opponent  for  delivery 
of  the  reply  within  a  period  of  at  least  fourteen  days,  which  for  im- 
portant reasons  may  be  prolonged.  For  the  further  procedure  before 
the  appeal  departments  the  provisions  (sees.  59  to  62)  made  for  the 
application  departments  shall  apply. 


AUSTRIA.  57 

In  the  appeal  procedure  new  facts  may  be  brought  forward. 

If  the  decision  concerning  the  appeal  be  based  on  circumstances 
other  than  those  taken  into  consideration  in  the  decision  of  the  appli- 
cation department  appealed  against,  the  parties  concerned  shall 
previously  be  given  opportunity  of  expressing  opinion  thereon  within 
a  given  time. 

LETTERS    PATENT PUBLICATION . 

SEC.  64.  If  the  grant  of  the  patent  be  finally  decided  on,  the  Patent 
Office  shall  order  the  entry  of  the  protected  invention  in  the  register 
of  patents,  the  publication  of  the  grant  in  the  patent  journal,  the 
preparation  of  the  Letters  Patent  for  .the  patentee,  and  also  the 
printing  and  publication  of  the  patent  specification. 

GOVERNMENT   OR   WAR  OFFICE   PATENTS. 

SEC.  65.  If  an  invention  applied  for  in  the  interest  of  the  equip- 
ment of  the  armed  forces,  or  for  other  interest  of  State,  by  the  Gov- 
ernment or  War  Office  be  in  question,  or  an  invention  applied  for 
relatively  to  which  the  Government  or  War  Office  have  made  good 
their  right  of  expropriation  (sec.  15),  the  grant  of  the  patent  shall, 
upon  their  proposal,  take  place  without  any  publication.  In  this 
case  the  laying  open  to  inspection  and  printing  of  the  specification, 
and  also  the  entry  of  the  subject  of  the  invention  in  the  public  reg- 
ister of  patents,  shall  be  dispensed  with.  The  publication  and  con- 
plete  entry  may  at  any  subsequent  date  be  demanded  by  the  Govern- 
ment or  War  Office. 

The  term  of  such  patents,  the  publication  of  which  has  stood 
over,  shall  run  from  the  date  on  which  the  grant  was  finally  decided 
upon. 

REFUSAL. 

SEC.  66.  The  withdrawal  of  an  application  after  publication  (sec. 
57)  or  the  refusal  of  the  patent  §hall  be  published. 

Upon  publication  of  the  withdrawal  or  refusal  of  the  patent,  the 
effect  of  the  temporary  protection  (sec.  57,  par.  2)  shall  be  considered 
as  not  having  taken  place. 

(B)  IN  THE  LITIGATION  or  PATENTS. 

INSTITUTION   OF  THE  DEMAND. 

SEC.  67.  The  institution  of  the  suit  for  the  withdrawal,  declara- 
tion of  nullity,  or  forfeiture  of  patents  shall  ensue  only  upon  demand. 
The  Patent  Office  shall,  however,  be  empowered  to  proceed  ex  officio 
with  a  suit  brought  for  withdrawal  or  annulment  if  the  demand 
be  withdrawn. 


58  AUSTRIA. 

If  the  bringer  of  the  suit  do  not  reside  in  the  country,  he  shall 
be  represented  in  the  country  by  an  advocate,  and  shall  give  to  the 
opponent,  upon  his  request,  security  for  the  costs  of  the  suit.  This 
request  must  be  made,  under  penalty  of  forfeiting  the  claim  to 
security,  within  fourteen  days  after  delivery  of  the  demand. 

The  amount  of  security  shall  be  fixed  by  the  Patent  Office  at  their 
free  discretion.  The  bringer  of  the  suit  shall  be  allowed  a  period 
within  which  to  give  security.  If  the  security  be  not  given  before 
the  expiration  of  the  period,  the  demand  shall  be  regarded  as  with- 
drawn. 

IMMEDIATE    REJECTION. 

SEC.  68.  Demands  for  the  withdrawal,  declaration  of  nullity,  or 
forfeiture  of  a  patent  which  are  obviously  not  founded  upon  a  legal 
ground,  and  also  petitions  which  contain  no  definite  request,  or  to 
make  Avhich  the  bringer  of  the  suit  has  no  title  (sees.  29  and  30), 
may  be  rejected  by  the  Patent  Office  (annulment  department),  the 
grounds  being  given,  without  further  procedure. 

Such  decisions  shall  be  regarded  as  final  decisions. 

FORM   AND    CONTENTS   OF    THE   DEMAND. 

SEC.  69.  The  demand  shall  contain  a  concise  statement  of  the  mat- 
ter in  dispute,  and  in  addition  to  the  definite  request  an  indication 
of  the  nature  of  proof  to  be  made  good. 

Documentary  evidence  shall  be  annexed  in  the  original  or  as 
legalized  copies. 

The  demand,  together  with  its  annexed  documents,  shall,  if  di- 
rected against  one  patentee  only,  be  lodged  in  duplicate  at  the  Patent 
Office. 

If  the  demand  be  directed  against  several  patentees  there  shall, 
in  addition  to  the  copy  intended  for  the  Patent  Office,  be  lodged  for 
each  of  the  persons  concerned  a  duplicate  of  the  demand,  together 
with  copies  of  the  annexed  documents. 

Every  demand  shall  have  as  subject  of  dispute  a  single  patent  only, 
together  with  its  patents  of  addition. 

PROCEDURE   IN    NULLITY   ACTIONS. 

SEC.  70.  The  referee  intrusted  with  the  matter  shall,  if  the  demand 
be  found  suitable  for  instituting  a  suit,  deliver  a  duplicate  of  the 
same,  together  with  copies  of  the  annexed  documents,  to  the  person 
concerned,  with  the  instruction  to  lodge  his  reply  in  writing  in  dupli- 
cate within  a  period  of  at  least  thirty  days,  prolongation  of  which 
may  be  allowed  by  the  referee  for  sufficient  reason. 

A  copy  of  the  replies  lodged'  and  the  annexed  documents  shall  be 
delivered  by  the  referee  to  the  complainant. 


AUSTRIA.  59 

PRELIMINARY  PROCEDURE. 

SEC.  71.  As  soon  as  the  replies  are  lodged,  or  the  period  for  their 
delivery  has  expired  without  reply,  the  referee  shall  make  the  neces- 
sary arrangements  for  any  further .  correspondence  which  may  be 
necessary,  for  the  production  of  the  means  of  proof  tendered  by  the 
parties,  for  the  taking  of  such  proof  which  it  does  not  appear  prac- 
ticable to  take  in  the  verbal  proceedings,  and  also  generally  for  the 
purpose  of  obtaining  the  most  trustworthy  elucidation  of  the  true 
facts,  and  for  the  proper  preparations  for  the  proceedings. 

A  minute  shall  be  drawn  up  by  a  sworn  secretary,  if  necessary  with 
the  assistance  of  some  technical  person,  of  the  evidence  taken  in  the 
presence  of  the  parties  in  consequence  of  these  proceedings. 

REPORT  OF  THE  PROCEEDINGS. 

SEC.  72.  After  completion  of  the  preliminary  procedure  there  shall 
follow  the  report  of  the  verbal  proceedings  by  the  president  of  the 
Patent  Office  or  his  deputy. 

The  report  of  the  proceedings  shall  not  take  place  if  the  Patent 
Office  (annulment  department)  decide  in  private  session  that  the 
demand  shall  be  rejected  as  unsuitable  for  trial  because  of  the  non- 
competence  of  the  Patent  Office,  or  because  of  it  being  a  matter  al- 
ready adjudicated. 

SUMMONS. 

SEC.  73.  The  parties  concerned,  or  the  representative  appointed  by 
them,  and  also  the  witnesses  and  experts  agreed  upon  by  arrange- 
ment with  the  referee  (sec.  71)  at  the  proceedings,  shall  be  summoned 
to  the  trial. 

The  non-appearance  of  the  persons  concerned  or  their  representa- 
tives shall  not  prevent  trial  and  decision. 

TRIAL. 

SEC.  74.  The  trial  shall  be  conducted  and  carried  into  effect  ac- 
cording to  the  provisions,  applied  as  near  as  may  be,  of  sections  177 
to  203  of  the  law  of  the  1st  of  August,  1895  (civil  procedure  regula- 
tion). 

Besides  the  cases  provided  for  in  section  172  of  the  civil  procedure 
regulation,  publicity  of  the  trial  may  upon  request  be  dispensed  with, 
either  in  respect  of  a  portion  of  the  procedure  or  for  the  entire  trial, 
if  by  publicity  an  important  interest  of  State,  or  a  trade  or  commer- 
cial secret  of  one  of  the  parties,  or  of  a  witness,  be  imperilled. 


60  AUSTRIA. 

The  members  of  the  Patent  Office  and  Patent  Court,  and  also  the 
reporting  officials  of  the  Ministry  of  Trade,  shall  be  allowed  access  in 
.spite  of  publicity  having  been  dispensed  with. 

PROOFS    AND    TAKING    PROOF. 

SEC.  75.  The  procedure  for  procuring  proofs  shall,  unless  provi- 
sions contrary  to  this  law  are  involved,  be  carried  out  according  to 
the  provisions,  applied  as  near  as  may  be,  of  sections  266  to  383  of 
the  law  of  the  1st  of  August,  1895,  concerning  the  legal  procedure  in 
cM-il  suits  (civil  procedure  regulation). 

Testimony  given  by  the  witnesses  before  the  Patent  Office,  and  also 
statements  given  upon  oath  by  the  parties  before  the  Patent  Office, 
shall  be  equivalent  to  legal  testimony. 

The  foregoing  principles  concerning  proof  procedure  shall  apply 
to  the  preliminary  proceedings  and  also  to  the  trial. 

DELIBERATION   AND  VOTING. 

SEC.  76.  Deliberation  and  voting  of  the  annulment  department 
rshall  take  place  in  private  session. 

COSTS    OF   ACTION. 

SEC.  77.  In  the  decision  the  Patent  Office  shall,  at  their  absolute 
discretion,  state  the  proportions  in  which  the  costs  of  the  proceed- 
ings and  legal  assistance  shall  be  chargeable  to  the  parties,  and  the 
•amount  thereof. 

Any  private  legal  claims  shall  be  referred  to  the  ordinary  courts. 

Whoever  withdraws  a  claim  shall  make  good  to  the  defendant  the 
costs  incurred ;  the  amount  thereof  shall  be  determined  by  the  Patent 
Office. 

CONTENTS  OF  THE  DECISION. 

SEC.  78.  The  written  decision  shall  contain: 

1.  The  designation  of  the  division  and  the  names  of  the  members 
who  have  taken  part  in  'the  decision. 

2.  The  designation  of  the  parties,  their  representatives  and  at- 
torneys, as  also  their  relation  to  the  parties. 

3.  The  decision. 

4.  The  facts  of  the  decision,  consisting  in  a  concise  statement  of 
the  condition  of  affairs  resulting  from  the  verbal  procedure,  the 
principal   claims  made  by  the   parties  being  brought  into  promi- 
nence. 

5.  The  grounds  for  the  decision. 


AUSTRIA.  0 1 

PROMULGATION    OF    THE    DECISION. 

Six.  79.  When  possible  the  decision,  with  the  essential  grounds 
therefor,  shall  be  given  by  word  of  mouth  directly  after  the  close 
of  the  verbal  proceedings. 

In  all  cases,  however,  the  decision,  in  writing,  together  with  the 
full  grounds  for  the  same,  shall  as  soon  as  possible  be  sent  to  the 
parties. 

KEEPING  THE   MINUTES. 

SEC.  80.  A  sworn  secretary  shall,  if  necessary  with  the  assistance 
of  some  technical  person,  draw  up  a  minute  of  the  proceedings.  The 
same  shall  contain  the  names  of  the  members  of  the  annulment 
department  present,  of  the  parties  and  their  representatives,  and 
also  the  essential  events  in  the  proceedings,  in  particular  the  state- 
ments and  opinions  of  any  witness  or  expert  heard,  as  also  the  de- 
mands of  the  parties  and  decisions  thereon. 

In  a  closed  session  a  separate  minute  shall  be  kept,  in  which 
the  result  of  the  deliberation  and  voting  shall  appear. 

Each  of  these  minutes  shall  be  signed  by  the  president  and  the 
secretary. 

INSPECTION    OF    RECORDS. 

SEC.  81.  The  parties  or  their  representatives  shall,  in  so  far  as  it 
•may  not  be  contrary  to  the  provisions  of  section  65,  be  allowed  to  in- 
spect the  records  of  the  proceedings,  with  the  exception  of  the  de- 
liberation record. 

PENALTY  FOR  VEXATIOUS   ACTIONS. 

SEC.  82.  Parties,  or  their  representatives,  who  are  guilty  of  an 
obviously  vexatious  patent  action  may  be  condemned  to  a  fine  of  300 
florins. 

LEGAL  ASSISTANCE. 

SEC.  83.  The  court  shall  be  under  the  obligation  of  rendering  legal 
assistance  to  the  Patent  Office. 

RESTORATION  AND  RESUMPTION  OF  THE  PROCEEDINGS. 

SEC.  84.  A  restoration  shall  not  be  allowed  in  case  prescribed  peri- 
ods have  been  allowed  to  lapse. 

If  a  decision  cause  the  whole  or  partial  withdrawal,  declaration 
of  nullity,  or  forfeiture  of  a  patent,  or  an  application  having  the 


62  AUSTRIA. 

above  in  view  be  wholly  or  partially  rejected,  a  party  shall  upon 
request  be  permitted  to  reopen  the  closed  proceedings : 

1.  If  a  document,  upon  which  the  decision  is  founded,  be  fraudu- 
lently fabricated  or  forged. 

2.  If  a  witness  or  an  expert  have  been  guilty  of  a  false  statement, 
or  the  opponent  in  his  examination  guilty  of  a  false  oath,  and  the 
decision  be  founded  upon  this  statement. 

3.  If  the  decision  were  obtained  by  means  of  a  fraudulent  pro- 
ceeding, capable  of  being  prosecuted  in  legal  criminal  proceedings, 
on  the  part  of  the  representative  of  the  party,  by  the  opponent,  or 
his  representative. 

4.  If  a  member  who  has  taken  part  in  the  decision,  or  in  a  former- 
decision,  forming  the  basis  of  the  decision,  have  in  the  action,  to  the 
prejudice  of  the  party,  been  guilty  of  a  violation  of  his  official  duty 
punishable  by  criminal  law. 

5.  If  a  criminal  sentence  upon  which  the  decision  is   based  be 
quashed  by  another  judgment  which  has  become  legally  valid. 

The  restoration  may,  however,  only  be  demanded  by  the  parties  to 
the  action  if  made  within  one  year  after  legal  validity  of  the  decision 
to  be  challenged,  and  without  prejudice  to  the  rights  acquired  in  the 
meantime  by  third  persons. 

In  particular  those  who  subsequently  put  the  invention  into  prac- 
tice, or  have  made  the  preparations  necessary  therefor,  acquire  the 
right  appertaining  to  the  prior  use  of  the  invention  (sec.  9). 

That  Patent  Court  (annulment  department  of  the  Patent  Office  or 
Patent  Court)  which  gave  the  decision  appealed  against  shall  be 
called  upon  to  decide  the  demand  for  restoration. 

The  request  for  restoration  of  the  proceedings  shall  not  delay  the 
execution  of  the  decision. 

SEC.  85.  If  a  patent  be  entered  as  not  in  force  in  the  register  of 
patents  by  the  Patent  Office  in  error,  the  Patent  Office  shall,  upon 
ascertaining  the  error,  order  and  give  notice  of  the  cancelling  of  this 
entry.  In  the  meantime  the  rights  acquired  in  good  faith  by  third 
persons  shall  remain  protected  in  such  case  as  in  the  case  of  restora- 
tion. 

EXECUTION. 

SEC.  86.  Legally  valid  judgments  of  the  Patent  Office,  as  also  of 
the  Patent  Court,  are  capable  of  judicial  execution. 

APPEAL. 

SEC.  87.  Any  person  who  considers  himself  aggrieved  by  a  final 
decision  of  the  annulment  department  of  the  Patent  Office  may  appeal 
to  the  Patent  Court. 


AUSTTtlA.  63 

A  special  appeal  shall  not  lie  against  decisions  given  and  deter- 
minations formed  by  the  annulment  department  in  the  course  of  the 
preliminary  proceedings  or  the  trial.  The  same  shall  pnly  be  called 
into  question  on  the  appeal  to  the  Patent  Court,  if  they  have  had  an 
influence  upon  the  final  decision  (sec.  39). 

The  appeal  shall  be  notified,  and  reasons  given  in  writing,  at  the 

*  Patent  Office  within  thirty  days  after  the  date  of  delivery  of  the 

decision  appealed  against.     The  appeal  document  and  its  annexed 

documents  shall  be  lodged  with  the  necessary  number  of  copies  for 

the  opponent.  , 

SUBMISSION    OF  THE  APPEAL. 

SEC.  88.  The  appeal  document,  delivered  in  proper  time  and  com- 
plying Avith  the  legal  regulations,  shall,  together  with  all  documents 
of  (he  proceedings,  be  submitted  by  the  Patent  O'ffic'e  to  the  Patent 
Court,  and  shall  have  a  suspensive  action. 

Appeal  documents  overdue,  or  not  complying  with  the  require- 
ments of  section  87,  shall  be  rejected  by  the  Patent  Office  (annulment 
department). 

DECISION    OF    THE    PATENT    COURT. 

SKC.  89.  The  Patent  Court  shall  form  its  decision  concerning  the 
appeal,  allowed  in  accordance  with  section  88,  upon  the  basis  of  the 
facts  and  evidence  laid  before  the  Patent  Office. 

The  Patent  Court  shall  refer  the  subject  of  the  action  to  a  second 
trial  and  decision  by  the  Patent  Office  only  if  on  the  part  of  the 
Patent  Office  essential  formalities  of  the  trial  w^ere  violated,  the1 
disregard  of  which  hindered  the  formation  of  a  legal  decision. 

BUSINESS  ARRANGEMENTS. 

SEC.  90.  The  Patent  Court  shall  itself  make  its  business  arrange- 
ments and  shall  publish  the  same. 

PROCEDURE. 

SEC.  91.  For  the  rest,  the  provisions  of  sections  68  to  84  shall  be 
applied,  as  near  as  may  be,  for  the  procedure  before  the  Patent  Court. 
Fresh  evidence  shall  not  be  taken  in  these  proceedings. 

METHOD   OF    VOTING. 

SEC.  92.  The  Patent  Court  shall  decide  by  an  absolute  majority  of 
votes.  With  an  equality  of  votes  the  vote  of  the  president  shall  be 
decisive. 

93169—19 5 


64  AUSTRIA. 

LIMITATION    OF    THE    NULLITY    AND    WITHDRAWAL    CLAIMS. 

SEC.  93.  The  legally  valid  decision  given  by  the  Patent  Office  or  the 
Patent  Court — 

(1)  In  nullity  suits: 

(a)  That  a  given  fact  is  not  an  obstacle  to  the  patentability 

of    the    invention    in    accordance    with    sections    1,  2. 
and  3 ; 

(b)  That  the  invention  does  not  correspond  with  the  subject  of 

a  prior  patent  or  privilege. 

(2)  In  a  withdrawal  suit: 

That  the  invention  has  been  legally  worked, 

may,  if  the  patentee  in  the  course  of  the  action  have  so  demanded,  in 
accordance  with  the  arrangements  made  for  this  purpose  by  the 
Patent  Office  or  by  the  Patent  Court,  be  entered  in  the  register  of 
patents, -with  the  effect  that  after  the  date  of  the  entry  the  patent 
can  not  be  the  subject  of,  a  fresh  action  supported  by  like  facts  and 
the  same  testimony  even  by  third  parties. 

DETAILED    PROVISIONS    FOR    THE    PATENT    COURT. 

SEC.  94.  The  detailed  provisions  concerning  the  organization  of  the 
Patent  Court,  concerning  the  procedure  before  the  same,  and  con- 
cerning the  carrying  out  of  its  decisions  and  orders,  shall  be  de- 
termined by  regulation. 

IV.  PATENT  INFRINGEMENTS  AND  PRETENSIONS. 

I NFRINOEMEN  TS . 

SEC.  95.  Pie  \vho  without  the  consent  of  the  owner  of  the  patent— 

(a)  Commercially  produces,  brings  into  the  market,  exposes 

for  sale,  or  uses  the  subject  of  the  protected  invention 
(sec.  8)'; 

(b)  Uses  not  merely  for  the  needs  of  his  own  trade,  in  his 

own  or  other  works,  the  patented  invention,  which  he 
already  at  the  date  of  the  application  had  in  good  faith 
used  in  the  country,  or  with  regard  to  which  he  had 
made  the  necessary  arrangements  for  such  use  (sec.  9). 
shall  commit  an  infringement. 

ACTIONS  FOR  INJUNCTIONS. 

SEC.  96.  The  injured  party  shall  have  against  every  inf ringer  a 
claim  for  the  recognition  of  his  patent  right,  cessation  of  further  acts 
of  infringement,  removal  of  the  infringing  articles,  alteration  of 
the  means  of  infringement,  indemnification,  or  delivery  of  the  profits. 


AUSTRIA.  65 

Jurisdiction  concerning  such  claims  shall  appertain  to  the  court 
intrusted  with  jurisdiction  over  trade  matters. 

WILLFUL    INFRINGEMENT. 

SEC.  .97.  If  the  infringement  have  been  committed  willfully  it 
shall  constitute  a  misdemeanor,  and  the  guilty  party  shall  be 
punished  by  the  court  of  first  instance  appointed  for  the  exercise  of 
correctional  jurisdiction  by  a  fine  of  from  500  to  2,000  florins,  or  by 
imprisonment  of  from  three  months  to  a  year,  to  which  a  fine  of  not 
more  than  2,000  florins  may  be  added. 

Penal  proceedings  shall  only  ensue  upon  the  demand  of  the  injured 
party  as  private  prosecutor. 

Simultaneous  application  of  the  more  strict  provisions  of  the 
general  penal  code,  especially  those  concerning  fraud,  shall  not  be 
hereby  excluded. 

The  fines  shall  be  paid  to  the  State  treasury. 

IMPORTANCE   OF   THE  PATENT   SPECIFICATION    FOR   INFRINGEMENT. 

SEC.  98.  The  description  of  the  invention  forming  the  basis  of 
the  patent  (sec.  52)  shall  be  the  sole  standard  for  deciding  whether 
a  patent  has  been  infringed,  and  in  no  case  shall  any  subsequent 
statement  not  contained  in  this  specification  of  the  object  of  the 
patent  be  taken  into  consideration. 

MILITARY  JURISDICTION. 

SEC.  99.  Persons  in  the  armed  forces,  and  in  the  Imperial  Royal 
Gendarmerie  in  active  service,  shall  be  subject  to  military  jurisdic- 
tion with  reference  to  all  offenses  and  transgressions  coming  under 
chis  law. 

CONFISCATION  OF  PATENTED  ARTICLES. 

SEC.  100.  In  sentences  or  offenses  under  section  97  it  shall,  at  the 
demand  of  the  injured  party,  be  pronounced  that  the  infringing  arti- 
cles found  in  the  possession  of  the  guilty  party  shall  be  confiscated, 
unless  security  be  furnished  that  they  shall  be  put  out  of  use  until 
the  expiration  of  the  term  of  the  patent,  and  that  the  instruments, 
apparatus,  and  other  means  which  have  exclusively  or  principally 
served  to  commit  the  infringement  shall  be  rendered  unsuitable  for 
this  use  at  the  cost  of  the  condemned  person,  unless  security  be  fur- 
nished also  in  like  manner  with  reference  to  this  consideration. 

If  it  be  not  possible  to  separate  the  patented  portions  from  the  in- 
fringing articles  without  destruction  of  the  infringing  articles,  con- 


66  AUSTRIA. 

fiscation  shall  extend  to  the  entire  infringing  article  integral  with  the 
patented  portion. 

Articles  declared  confiscated  shall,  unless  an  understanding  be 
come  to  between  the  condemned  and  the  injured  party  for  their 
cession,  with  allowance  for  the  compensation  which  may  be  due  to 
the  latter,  or  if  the  injured  party  be  not  willing  to  take  Over  the 
articles  declared  confiscated  at  a  valuation  by  the  court  as  part  con- 
sideration for  the  compensation  which  may  be  clue  to  him,  be  de- 
prived of  the  features  iti  which  they  infringe  the  patent ;  if  necessary r 
however,  they  shall  be  destroyed. 

The  execution  of  such  a  decision  shall  take  place  at  the  cost  of  the 
guilty  party,  if  necessary  in  agreement  with  experts. 

SEC.  101.  If  the  penal  procedure,  without  leading  «to  the  condem- 
nation of  the  accused,  establish  the  fact  that  an  infringement  has 
been  committed,  there  shall,  upon  demand  of  the  injured  party,  be 
pronounced,  in  the  acquitting  judgment,  the  confiscation  of  the  in- 
fringing article  and  the  putting  out  of  use  of  the  means  according  to 
the  provisions  of  section  100. 

The  execution  of  such  a  decision  shall  take  place  if  necessary  in 
agreement  with  experts. 

The  costs  of  execution  shall  be  borne  by  both  sides  in  equal  por- 
tions. 

INFRINGING  ARTICLES  EXEMPT  FROM   CONFISCATION. 

SEC.  102.  Infringing  articles  (sees.  TOO  and  101)  manufactured 
in  fulfillment  of  a  contract  with  the  War  Office,  and  their  means  of 
production  prepared  for  this  object,  shall,  if  the  War  Office,  within  a 
period  to  be  fixed  by  a  judge,  be  able  to  prove  the  lodging  of  a  request 
for  expropriation  (sec.  15),  neither  be  declared  confiscated  nor  made 
unusable,  nor  form  the  subject  of  measures  directed  to  those  ends 
(sec.  105). 

The  damage  caused  by  these  infringing  articles  to  the  party  whose 
patent  has  been  expropriated  shall  be  comprised  in  the  total  of  the 
indemnification  to  be  computed. 

INDEMNIFICATION. 

SEC.  103.  In  the  case  of  condemnation  for  the  offense  mentioned  in 
section  97,  the  penal  court  shall,  at  the  demand  of  the  injured  party  r 
award,  besides  the  penalty,  also  an  indemnification,  if  the  results  of 
the  penal  procedure  allow  a  trustworthy  judgment  of  the  civil  claims 
to  be.  made.  The  indemnification  shall  include,  not  only  the  exact 
reimbursement  and  the  compensation  for  the  profit  lost,  but  there 
shall  in  addition,  at  the  free  discretion  of  the  court,  after  taking  into 
consideration  all  the  circumstances,  be  awarded  to  the  injured  party 


AUSTRIA.  67 

a  sum  commensurate  with  the  annoyance  and  other  personal  incon- 
veniences suffered.  Both  parties  may  appeal  against  the  decision  re- 
lating to  the  claim  for  indemnification. 

An  indemnity  awarded  shall  not  prevent  the  party  injured  from 
making  a  claim  to  a  more  complete  indemnity  before  the  civil  judge. 

PUBLICATION    OF   THE   SENTENCE. 

SEC.  104.  If  punishment  be  awarded,  the  injured  party  shall,  on  his 
request,  be  given  the  right  to  publish  in  one  or  several  public  journals, 
at  the  cost  of  the  condemned,  the  condemnation  of  the  guilty  party, 
nnd,  if  in  the  opinion  of  the  court  the  injured  party  have  a  legiti- 
mate interest,  the  grounds  also  of  the  sentence.  The  maximum  of 
these  costs  and  the  other  conditions  relative  to  this  publication,  and 
also  the  period  for  the  same,  shall  be  determined  in  the  judgment, 

regard  being  had  to  the  propositions  made  by  the  injured  party. 

« 

PRECAUTIONARY  MEASURES  OF  SECURITY. 

SEC.  105.  If  sufficient  reasons  exist  for  suspecting  a  given  person 
of  the  offense  of  infringement,  and  it  appear  justifiable  to  assume 
the  existence  of  an  infringement  of  a  patent,  on  the  grounds  of  a 
judicial  inspection  undertaken,  or  of  an  opinion  of  an  expert,  suit- 
able precautionary  measures  shall  be  taken  on  demand  of  the  injured 
party  in  any  stage  of  penal  procedure,  and  in  the  event  of  danger 
in  delay  even  before  instituting  the  same,  by  way  of  judicial  seizure, 
for  the  judicial  or  other  custody  or  trust,  in  order  that  through 
those  precautionary  measures  of  security  the  infringing  articles  and 
the  instruments  serving  for  the  infringement  may  not  be  withheld 
from  future  confiscation  or  from  transformation  under  sections  100 
and  101,  and  with  the  view  of  preventing  the  continuation  and  the 
repetition  of  the  punishable  act. 

The  penal  court  shall  pronounce  immediately  upon  such  a  demand ; 
it  shall  be  free  to  authorize  unconditionally,  or  upon  security  de- 
posited by  the  injured  party,  the  demanded  seizure  or  safe  custody  or 
other  measures  demanded.  The  court  shall  be  authorized  to  order  at 
any  time  the  removal  of  these  precautionary  measures  for  security, 
and  shall  be  bound  to  do  so  if  the  accused  furnish  a  sufficient  security. 

If  precautionary  measures  for  security  have  been  authorized  before 
the  commencement  of  the  penal  procedure,  the  person  who  demanded 
them  shall,  within  eight  days  from  the  date  of  taking  the  same,  com- 
mence the  penal  procedure,  in  default  of  which  the  precautionary 
measures  for  securit}7  shall  be  revoked  at  the  demand  of  the  accused. 

PRELIMINARY    QUESTIONS. 

SEC.  106.  It  shall  also  be  permissible  to  institute  penal  proceedings 
for  the  unauthorized  use  of  an  invention  in  cases  in  which,  although 


68  AUSTRIA. 

a  patent  has  not  been  granted,  yet  the  effect  of  a  granted  patent  has 
temporarily  come  into  effect  for  the  same  under  section  57. 

Sentence  shall,  however,  not  be  passed,  nor  may  the  precautionary 
measures  mentioned  in  section  105  take  place,  before  the  grant  of  the 
patent. 

PRELIMINARY  QUESTIONS. 

SEC.  107.  If  it  appear,  in  the  course  of  the  penal  proceedings,  that 
judgment  is  dependent  on  a  preliminary  question  concerning  the 
validity  or  efficacy  of  the  patent  infringed,  the  penal  court  shall  be 
entitled  to  decide  also  concerning  the  preliminary  question.  If,  how- 
ever, the  preliminary  question  has  been  already  raised  before  the 
commencement  of  or  during  the  process,  by  a  sufficient  motion  made 
before  the  Patent  Office  by  one  of  the  parties,  the  penal  court  may 
suspend  judgment  until  the  pronouncing  of  the  legal  decision  con- 
cerning* the  preliminary  question,  which  decision  shall  then  form  the 
basis  of  the  judgment. 

The  penal  court  may,  in  infringement  processes  in  which  a  prelimi- 
nary question  has  to  be  decided,  call  for  the  cooperation  in  the  main 
proceedings  of  technical  members  of  the  Patent  Office  as  experts. 
Members  of  the  Patent  Office  who  have  already  taken  part  in  a  de- 
cision concerning  the  validity  or  efficacy  of  the  patent  infringed  shall 
be  debarred  from  cooperation  as  experts. 

The  effect  of  the  legal  decision  concerning  the  preliminary  ques- 
tion shall  remain  limited  to  the  penal  case  in  question. 

Certified  copies  of  judgment  concerning  a  preliminary  question 
shall  be  sent  to  the  Patent  Office  by  the  court. 

ACTION  BEFORE  A  CIVIL,  JUDGE. 

SEC.  108.  In  claims  for  infringements  (sec.  96)  brought  before  a 
civil  judge  the  provisions  of  sections  98,  100,  102,  105,  106,  and  107 
shall  be  applied,  as  near  as  may  be. 

The  right  to  indemnification  in  the  sense  of  section  103  appertains 
to  the  injured  party  against  every  person  who  is  chargeable  with 
culpable  infringement. 

Even  if  the  accused  have  committed  no  penal  offense,  the  injured 
party  shall  be  entitled  to  call  for  the  payment  by  him  of  the  resulting 
profit. 

SEC.  109.  If  claims  for  indemnification  be  made  under  this  law 
before  a  civil  judge,  the  latter  shall  at  his  free  discretion,  after  taking 
into  consideration  all  the  circumstances,  decide  both  concerning  the 
existence  and  also  concerning  the  amount  of  damage  and  concerning 
the  value  and  the  amount  of  profit. 


AUSTRIA.  69 

INFRINGEMENT  OP  A  PATENTED  PROCESS. 

SEC.  110.  If  in  an  action  for  infringement  brought  before  a  civil 
judge  an  infringement  of  an  invention,  which  has  for  its  object  a 
process  for  the  production  of  a  new  material,  be  in  question,  every 
material  of  like  properties  shall,  until  proof  to  the  contrary  be  given, 
be  regarded  as  produced  according  to  the  patented  process. 

APPLICATION  FOR  DECISION  AS  TO  INFRINGEMENT. 

SKC.  111.  It  shall  be  open  to  any  person  to  have  established  by 
decision  whether  products  which  he  wishes  to  manufacture,  bring 
into  the  market,  or  use,  or  whether  a  process  w7hich  he  intends  to 
employ,  does  or  does  not  come  either  wholly  or  partially  under  a 
given  patent  mentioned  by  him. 

This  application  for  a  decision  as  to  infringement  shall  be  made 
in  writing,  in  duplicate,  at  the  Patent  Office,  the  annulment  depart- 
ment of  which  shall  decide  thereon.  An  exact  and  clear  description 
and  drawing  in  triplicate  of  the  article  in  question  or  process  shall  be 
annexed. 

Such  application  for  decision  as  to  infringement  shall  only  be 
made  with  reference  to  one  patent,  together  with  its  patents  of  ad- 
dition, and  the  proceedings  instituted  shall  only  then  be  prosecuted 
if  the  owner  of  the  patent  be  not  able  to  show  that  an  action  for 
infringement  relating  to  the  same  matter  in  dispute,  brought  by  him 
against  the  applicant  before  the  bringing  of  his  application,  is  still 
pending. 

The  procedure  concerning  an  application  for  decision  as  to  in- 
fringement shall  be  regulated  according  to  the  regulations  made  for 
nullity  procedure,  except  that  the  costs  of  the  suit  of  the  Application 
as  to  infringement  before  the  Patent  Office  shall  in  all  cases  be  borne 
by  the  applicant. 

A  copy  of  the  description  and  drawing  of  the  article  or  process 
in  question,  furnished  by  the  applicant,  shall  be  annexed  to  the  de- 
cision as  to  infringement. 

A  legally  valid  decision  that  a  given  product  or  process  does  not 
fall  within  a  given  patent  shall  exclude  any  legal  step  for  infringe- 
ment with  reference  to  the  product  or  process  mentioned  in  the 
decision  on  the  part  of  the  owner  of  the  patent  against  the  person 
who  obtained  the  decision. 

COMPENSATION      FOR      UNJUSTIFIABLE      PROCEEDINGS      FOR      OBTAINING 

SECURITY. 
I 

SEC.  112.  The  obtaining  of  legal  precautionary  measures  for  se- 
curity, subsequently  acknowledged  as  not  justified,  imposes  upon  the 


70 

applicant  the  duty  of  compensating  all  third  parties  for  damage 
caused  through  no  fault  of  theirs  by  such  precautionary  measures. 

The  civil  judge  shall,  simultaneously  with  his  decision  on  the  main 
question,  pronounce  concerning  these  claims  for  compensation,  pro- 
vided they  are  made  good  before  the  termination  of  the  procedure  for 
infringement.  In  estimating  the  amount  of  compensation,  the  pro- 
visions of  section  273  of  the  law  of  the  1st  of  August,  1895,  shall  be 
taken  into  consideration. 

USURPATION  OF  A  PATENT. 

SEC.  113.  Usurpation  of  a  patent  is  committed : 

1.  By  the  person,  who  provides,  and  brings  into- the  market,  arti- 
cles or  their  packages  having  such  a  designation  as  is  calculated  to 
cause  the  erroneous  belief  that  the  articles  or  the  method  of  produc- 
tion are  protected  under  this  law  by  a  patent. 

2.  By  the  person  who  in  public  announcements,  shop  bills,  trade 
cards,  or  in  similar  publications,  makes  use  of  a  designation  which 
is  calculated  to  cause  the  erroneous  belief  that  the  articles,  or  the 
'method  of  production,  mentioned  therein  are  projected  under  this 
law  by  a  patent. 

The  usurpation  of  a  patent  shall  constitute  an  offense,  which  shall 
be  punished  according  to  the  provisions  of  the  trade  regulations,  and 
the  publications  in  question  and  the  packages  provided  with  the  il- 
legal designation  shall  be  adjudged  confiscated,  but  the  articles  them- 
selves shall  only  be  forfeited  when  the  removal  of  the  usurped  desig- 
nation, which  shall  invariably  take  place,  can  not  be  carried  out  with- 
out destroying  the  value  of  the  article,  or  without  an  amount  of 
trouble  nearly  corresponding  to  this  value.  If  in  these  cases  the 
offender  were  the  owner  of  a  patent,  which  has  expired,  for  the  article 
which  he  gives  out  as  still  protected  by  patent,  the  liability  to  pun- 
ishment for  his  offense  shall  only  commence  after  the  expiration  of 
one  year  from  the  expiration  of  the  protection  by  patent. 

V.  TAXES. 

APPLICATION    TAX   AND  ANNUAL  FEES. 

SEC.  114.  An  application  tax  of  10  florins  shall  be  paid  on  every 
patent,  as  also  on  every  patent  of  addition,  immediately  on  appli- 
cation. 

In  addition  an  annual  fee  shall  l}e  paid  on  every  patent,  the 
amount  being  dependent  upon  the  term  of  patent  protection  de- 
manded. 


AUSTRIA.  71 


The  same  shall  amount  for  the — 

Florins. 

First  year 20 

Second  year 25 

Third  year 30 

Fourth  year 40 

Fifth  year 50 

Sixth  year: 60 

Seventh  year—  80 


Florins. 

Ninth  year 120 

Tenth  year 140 

Eleventh  year ^__  180 

Twelfth  year 220 

Thirteenth  year 2@0 

Fourteenth  year 300 

Fifteenth  year  .1  i  340 


Eighth  year 100 

On  a  patent  of  addition  the  annual  fee  shall  only  be  paid  once  for 
its  whole  term,  and  this  to  the  amount  of  25  florins,  in  addition  to 
the  application  fee,  unless  it  be  declared  an  independent  patent 
(sec.  14). 

The  annual  fees  shall  be  payable  from  year  to  year  in  advance, 
reckoned  from  the  date  of  the  notice  of  the  application  in  the  patent 
journal  (sec.  57),  and  may  be  paid  for  a  patent  in  advance,  either 
annually  or  for  several  or  the  whole  fifteen  years  together,  into  the 
treasury  of  the  Patent  Office. 

The  annual  fee  for  the  first  year  shall  be  paid  at  latest  within  three 
months  after  the  date  of  the  publication  of  the  application  in  the 
Patent  Journal  (sec.  57).  If  the  payment  be  not  made  within  this 
period,  the  application  shall  be  regarded  as  withdrawn. 

The  yearly  fees  for  the  second  to  the  fifteenth  year  shall  be  paid 
within  three  months  after  falling  due.  An  additional  fee  of  5  florins 
on  a  granted  patent  shall  be  paid,  besides  the  annual  fee,  for  every 
payment  made  after  the  date  of  the  falling  due  of  these  annual  fees. 

The  annual  fees  may  be  paid  by  any  person  interested  in  the 
patent. 

A  person  who  is  able  to  demonstrate  his  poverty,  and  also  a  work- 
man who  is  proved  to  be  limited  to  his  work  wage,  may,  if  he  apply 
for  the  patent  for  himself  as  author  of  the  invention,  be  respited  as 
regards  the  application  tax  and  the  annual  fee  for  the  first  patent 
year,  or  it  may  be  only  the  first  annual  fee,  until  the  expiration  of 
three  months  after  the  falling  due  of  the  second  annual  fee,  and  if 
the  patent  lapse  with  the  commencement  of  the  second  year  he  shall 
be  excused  payment  altogether. 

An  application  tax  paid  shall  never  be  refunded,  the  first  annual 
fee  only  if  the  application  be  withdrawn  before  the  date  of  its  pub- 
lication in  the  Patent  Journal  (sec.  57)  or  if  the  patent  applied  for 
be  refused :  all  further  payments  of  annual  fees  not  yet  due  shall  be 
refunded  if  the  patent  be  renounced  or  if  the  same  be  withdrawn 
or  declared  null. 

The  Minister  of  Commerce  may,  after  three  years  from  the  corn- 
ins:  into  force  of  this  law,  with  the  concurrence  of  the  Minister  of 


72  AUSTRIA. 

Finance,  order  a  decrease  or  increase  of  the  application  and  annual 
fees  to  the  extent  of  50  per  cent  of  their  present  amount. 

ALTERATION   OF   THE    SPECIFICATION. 

SEC.  115.  Every  subsequent  alteration  of  the  specification  made  at 
the  request  of  the  applicant  or  his  legal  successor  under  section  52 
shall  be  subject  to  a  tax  of  5  florins. 

s 

PROCEDURE  TAXES. 

SEC.  116.  Simultaneously  with  the  lodging  of  the  following  appli- 
cations there  shall  be  paid  a  tax : 

Florins. 

1.  For  an  appeal   (sec.  63) 10 

2.  For    a    demand    for    withdrawal,    declaration    of   nullity,    or    forfeiture 

(sec.  67)    '_ ; 25 

3.  For  an  appeal   (sec.  87) 25 

4.  For  an  application  for  decision  as  to  infringement  (sec.  Ill) 20 

5.  For  a  request  for  the  registration  of  an  assignment  in  the  register  of 

patents 10 

6.  For  a  request  for  the  registration — 

(a)   Of  a  license  granted  voluntarily  (sees.  20  and  21)  in  the  register 

of  patents 10 

(1))   Of  a  compulsory  license  granted  by  the  Patent  Office  (sec.  21)  in 

the  register  of  patents 5 

For  a  request  for  a  litignton  caveat  (sec  25) 5 

If  payment  be  omitted,  the  demand  shall  be  regarded  as  not  having 
been  made. 

The  appeal  fee  (1)  shall  be  wholly  remitted  if  the  appeal  be  found 
to  be  justified;  15  florins  shall  be  remitted  from  the  fees  mentioned 
under  2,  3,  and  4  if  the  matter  be  referred  back  or  if  the  proceedings 
instituted  do  not  come  to  a  verbal  hearing. 

STAMP  DUTIES. 

SEC.  117.  Letters  Patent  issued  under  this  law  shall  be  free  of 
stamp  duty.  Otherwise  all  other  documents  and  copies  shall  remain 
subject  to  the  existing  provisions  of  the  stamp  and  tax  law. 

EXEMPTIONS  FROM  STAMPS. 

SEC.  118.  Those  who  are  able  to  prove  poverty,  and  also  wrorkmen 
who  are  proved  to  be  limited  to  their  work  wage,  may  be  exempted 
from  the  payment  of  the  fees  payable  under  sections  115  and  116, 
Nos.  1,  2,  and  3. 

The  president  of  the  Patent  Office  shall  be  the  final  judge  hereon, 
and  also  concerning  the  delay  and  exemption  allowed,  under  section 
114,  of  the  application  tax  and  the  first  annual  fee. 


AUSTRIA.  7& 

VI. 

TRANSITORY    PROVISIONS. 

SEC.  119.  The  provisions  of  the  Imperial  decree  of  the  15th  of 
August,  1852,  and,  the  case  occurring,  of  the  law  of  the  27th  of  De- 
cember, 1893,  shall  further  remain  in  force  for  patents  already 
granted  or  pending  on  the  date  of  the  entry  into  force  of  this  law. 

SEC.  120.  Applications  for  patents  which,  on  the  date  of  the  entry 
into  force  of  this  law,  were  applied  for  but  not  granted  under  the 
Imperial  decree  of  the  15th  of  August,  1852,  may,  on  the  applicant 
applying  in  due  time,  be  proceeded  with  after  (if  necessary)  paying 
the  increase  under  the  provisions  of  this  law.  In  this  case  the  said 
application  shall,  in  so  far  as  the  specification  of  the  same  meets  the 
demands  of  section  12  of  the  above  named  Imperial  decree,  enjoy 
priority  from  the  date  of  the  original  lodging  of  the  request. 

In  the  examination  into  novelty  in  the  sense  of  section  3  of  this 
law,  the  novelty  shall  be  judged  by  this  date  of  priority.  The 
amount  of  the  patent  tax  paid  on  such  patent  requests  shall,  for 
patents  granted  upon  such  requests,  be  increased  to  the  amount  fixed 
in  section  114  for  the  application  tax  and  the  corresponding  annual 
fee,  and  shall  be  paid  within  three  months  from  the  date  of  the  pub- 
lication of  the  specification  in  the  Patent  Journal,  in  default  of  which 
the  request  shall  be  regarded  as  withdrawn.  In  this  case  the  patent 
tax  paid  shall,  after  deduction  of  the  application  tax  of  10  -florins,  be 
repaid  to  the  applicant. 

SEC.  121.  The  owner  of  a  patent  granted  under  the  Imperial  decree 
of  the  loth  of  August,  1852,  shall  be  free  to  apply  to  convert  the 
privilege  into  a  patent  under  the  -provisions  of  this  la\v. 

In  this  case  the  invention  shall  undergo  the  proceedings  for  exami- 
nation into  novelty  and  opposition,  in  which  the  date  of  priority 
shall  commence  from  the  date  of  application  for  the  patent. 

An  application  tax  for  such  converted  patent  shall  not  be  paid,  if 
the  conversion  be  applied  for  within  one  year  from  the  date  of  the 
entry  into  force  of  this  law. 

The  term  of  the  patent  which  has  already  run  shall  be  taken  into 
consideration  in  fixing  the  term  of  the  transformed  patent. 

The  original  date  of  grant  of  the  patent  shall  determine  the  date 
when  the  annual  fees  are  due  and  the  amount  thereof. 

The  annual  fees,  payable  in  advance,  on  the  transformed  patent, 
and  not  yet  due.  shall,  on  the  neglect  of  the  owner  of  the  transformed 
patent  to  pay  the  corresponding  annual  fee  when  due,  be  increased 
to  the  amount  of  the  yearly  fee  actually  due.  Should  such  patent 
have  been  originally  granted  in  Hungary  the  registration  taxes,  pay- 
able in  advance  but  not  yet  due,  shall  be  augmented  to  the  amount  of 


74  AUSTRIA. 

the  annual  fee  actually  due.    The  omission  to  pay  this  increase  shall 
be  equivalent  to  a  neglected  payment  of  an  annual  fee. 

SEC.  122.  The  rights  acquired  by  legally  licensed  owners  of  patent 
agencies  for  the  procuring  and  sale  of  patents  shall  remain  undis- 
turbed by  this  law. 

Their  entry  in  the  register  of  patent  agents  for  the  professional 
representation  of  parties  in  patent  matters  under  this  law  shall, 
however,  be  dependent  on  the  fulfillment  of  the  conditions  laid  down 
in  section  43  for  this  purpose,  in  which  the  Patent  Office  is  authorized 
in  cases  worthy  of  consideration  to  dispense  with  the  furnishing  of 
proof  as  to  the  technical  qualification  by  examination,  as  also  the  two 
years'  practice  with  a  patent  agent  of  the  country  and  the  examina- 
tion as  to  the  patent  laws. 

SEC.  123.  This  patent  law  shall  come  into  operation  by  ordinance 
of  the  Minister  of  Commerce  and  Minister  of  Justice,  at  the  latest, 
however,  on  the  first  day  of  the  third  calendar  year  after  its  publi- 
cation. 

SEC.  124.  My  Minister  of  Commerce,  my  Minister  of  Justice,  my 
Minister  of  the  Interior,  my  Finance  Minister,  my  Minister  of  Cul- 
ture and  Education,  and  my  Minister  of  Agriculture  shall  be  en- 
trusted with  the  execution  of  this  law. 

Vienna,  the  llth  of  January,  1897. 

FRANZ  JOSEPH. 

'[Law  of  the  29th  of  December,  1908  (so  far  as  it  is  not  inserted  in  the  principal  act), 
whereby,  on  the  occasion  of  the  adhesion  to  rhe  International  Union  for  the  Protec- 
tion of  Industrial  Property,  regulations  for  carrying  it  into  effect  are  enacted."! 

On  the  occasion  of  the  adhesion  to  the  following  international 
agreements : 

The  International  Convention  for  the  Protection  of  Industrial 
Property  made  at  Paris  the  20th  of  March,  1883 : 

The  arrangement  concerning  the  International  Registration  of 
Marks  of  Trade  or  Commerce  made  at  Madrid  the  14th  of  April, 
1891; 

The  Protocol  on  the  endowment  of  the  International  Bureau  of 
the  Union  for  the  Protection  of  Industrial  Property  concluded  at 
Madrid  the  15th  of  April,  1891 ; 

The  additional  Act  of  Brussels  of  the  14th  of  December,  1900, 
modifying  the  Convention  of  the  20th  of  March,  1883;  and 

The  additional  Act  of  Brussels  of  the  14th  of  December,  1900,  to 
the  arrangement  of  the  14th  of  April,  1891,  concerning  the  Interna- 
tional Registration  of  Marks  of  Trade  or  Commerce. 

With  the  concurrence  of  both  Houses  of  the  Imperial  Legislature 
I  decree  as  follows :  ' 


AUSTRIA.  TO- 

SECTION  1.  The  rights  of  priority  granted  by  Article  4  of  the  Con- 
vention of  Paris  of  the  20th  of  March,  1883,  as  modified  by  the  addi- 
tional Act  of  Brussels,  must  be  specially  claimed  on  the  application 
for  an  invention  or  on  the  deposit  of  the  design  or  mark,  otherwise 
the  priority  shall  be  determined  by  the  date  of  lodging  in  this 
country. 

Rules  shall  determine  the  documents  necessary  to  establish  the 
right  to  priority  claimed  within  the  term  allowed,  and  shall  state 
within  what  period  such  documents  must  be  lodged. 

SEC.  2.  The  rights  of  priority  granted  by  Article  4  of  the  Con- 
vention of  Paris  of  the  20th  of  March,  1883,  as  modified  by  the 
additional  Act  of  Brussels,  can  not  be  claimed  in  this  country  by  a 
native  on  the  ground  of  his  having  made  abroad  an  application  for 
an  invention,  or  a  deposit  of  a  design  or  mark. 

TniS  provision  does  not  apply  to  natives  who  are  domiciled  or 
have  effective  and  genuine  industrial  or  commercial  establishments 

within  the  territory  of  another  contracting  State. 

******* 

SEC.  4.  This  law  .  .  .  shall  come  into  force  on  the  day  on  which 
the  adhesion  to  the  Convention  mentioned  at  the  beginning  comes 

into  force. 

******* 

SEC.  5.  My  Minister  of  Public  Works  is  charged  with  the  execu- 
tion of  this  law. 

Vienna,  the  29th  of  December,  1908. 

FRANZ  JOSEPH. 


AUSTRO-HUNGARIAN  TRADE-MARK  LAW. 

LAW  OF  JANUARY  6,  1890,  RELATING  TO  PATTERN  AND  TRADE-MARK 

PROTECTION. 

•  X.  P>. — Contained  in  Part  VIII  of  the  ReichsgesetzUatt,  official  paper  No.  19,  published 

on  19th  February,  1890.] 

With  the  approval  of  both  Chambers  of  the  Reichsrath,  I  decree 
as  follows: 

SECTION  I. GENERAL  CONDITIONS. 

/ 

ARTICLE  1.  In  this  law,  under  the  term  "  marks "  are  understood 
the  special  marks,  such  as  devices,  numbers,  vignettes,  and  the  like, 
which  serve  to  distinguish  in  commerce  certain  products  and  goods 
from  other  similar  products  and  goods. 

ART.  2.  Any  person  wishing  to  secure  the  exclusive  right  to  use  a 
mark  must  obtain  the  registration  of  the  same  conformably  with  the 
regulations  of  the  following  section. 

ART.  3.  The  following  marks  for  goods  are  excluded  from  being 
registered,  and  therefore  no  sole  right  to  them  can  be  obtained: 

(1)  Which  are  exclusively  composed  of  portraits  of  the  Emperor 
')r  of  members  of  the  Imperial  House. 

(2)  Which  merely  consist  of  the  arms  of  the  State  or  other  public 
arms,  numbers,  letters,  or  words. 

(3)  Which  are  in  general  commercial  use  for  certain  sorts  of  goods. 

(4)  Improper  or  offensive  representations  or  such  as  are  other  - 
wise  contrary  to  public  morality  or  contain  such  inscriptions  or 
statements  as  are  not  in  accordance  with  the  actual  commercial  state 
of  affairs  or  the  truth,  and  are  liable  to  deceive  the  consuming  public. 

ART.  4.  Marks  in  which  portraits  of  the  Emperor  or  of  any  mem- 
ber of  the  Imperial  House,  representations  of  the  Imperial  Eagle,  or 
of  public  arms  form  a  considerable  part  shall  only  be  registered  if 
the  right  to  use  these  special  marks  within  the  meaning  of  the 
existing  regulations  shall  have  been  demonstrated  previously. 

ART.  5.  No  person  shall  be  prevented,  through  the  registration  of 
any  mark  which  also  contains  letters  or  words,  from  using  his  name 
or  that  of  his  firm,  even  if  it  be  in  an  abbreviated  form,  for  dis- 
tinguishing his  goods. 

ART.  6.  The  use  of  registered  marks  is  in  general  optional,  but  the 
minister  of  commerce  can  decree,  as  regards  certain  kinds  of  goods, 
that  goods  of  that  class  shall  not  be  put  in  circulation  unless  they 
are  provided  with  marks  registered  in  the  manner  described  in  the 
regulations  within  the  meaning  of  this  law. 

76 


AUSTRIA.  77 

ART.  7.  The  sole  right  to  a  mark  shall  not  exclude  the  use  of  the 
same  mark  by  another  applicant  for  other  classes  of  goods.  In  case 
of  any  doubt  relative  to  the  similarity  of  these  classes  of  goods,  the 
Minister  of  Commerce  shall  decide,  after  consultation  with  the 
Chamber  of  Commerce  and  Industry.  (See  Art.  13.) 

ART.  8.  The  application  for  several  marks  in  the  name  of  one 
applicant,  even  when  they  are  for  the  same  class  of  goods,  is  per- 
mitted conformable  with  the  regulations  of  this  law. 

ART.  9.  The  right  to  a  mark  goes  with  the  business  for  which  the 
mark  is  intended,  expires  with  the  same,  and  is  transferred  to  a 
fresh  proprietor  in  case  of  transfer  of  ownership.  In  the  latter 
case,  however,  except  when  the  business  is  carried  on  by  the  widow 
or  by  an  underaged  heir  of  the  owner  of  a  mark,  or  in  trust  or  under 
an  assignment  to  the  creditors,  the  new  owner  must,  within  three 
months  of  the  acquisition  of  the  business  being  completed,  have  the 
mark  transferred  to  his  own  name  or,  in  default,  the  right  to  the 
mark  shall  cease. 

ART.  10.  No  person  shall  make  use  of  the  name,  style  of  firm,  arms, 
or  trade  name  of  the  establishment  of  another  manufacturer  or  mer- 
chant for  u  mark  for  goods  or  products  without  the  consent  of  the 
party  in  question. 

ART.  11.  Everything  which  is  stated  in  this  law  for  the  marking 
of  goods  applies  also  to  the  labels  affixed  to  the  cases,  barrels,  wrap- 
pers and  the  like. 

ART.  12.  Nothing  is  altered  by  the  present  law  in  the  existing  regu- 
lations relating  to  special  marks  for  certain  goods,  especially  the 
regulations  about  punched  marks. 

SEC.   '2.    REGISTRATION,  TRANSFER,  AND  EXTINCTION  OF  MARKS. 
1 .    REGISTRATION. 

ART.  13.  Four  copies  of  the  marks  for  which  any  person  shall  de- 
sire to  obtain  the  exclusive  right  must  be  filed  in  the  Chamber  of  Com- 
merce and  Industry  in  whose  district  the  business  in  question  is 
situated.  One  copy  shall  be  attached  to  the  register  of  marks  which 
is  to  be  kept  by  the  Chamber  of  Commerce  and  Industry;  one  copy 
shall  be  returned  to  the  applicant  inscribed  with  the  acknowledgment 
prescribed  in  the  succeeding  paragraphs;  two  copies  shall  be  laid  be- 
fore the  minister  of  commerce.  The  applicant  must,  at  the  same 
time,  state  for  what  classes  of  goods  his  mark  is  intended.  Further, 
a  block  of  each  mark  must  be  filed  with  the  Chamber  of  Commerce 
and  Industry,  which  will  be  returned  to  the  applicant  after  having 
been  used.  In  the  case  of  marks  for  materials  such  as  metal,  earthen- 
ware, glass,  and  the  like,  at  least  three  samples  of  the  materials  with 
the  marks  impressed  therein  shall  be  filed. 


78  AUSTRIA. 

ART.  14.  For  each  specimen  of  the  marks  filed,  the  organ  desig- 
nated by  the  Chamber  of  Commerce  and  Industry  shall  announce— 

(a)  The  serial  number  in  the  register. 

(b)  The  date  and  hour  of  the  filing. 

(c)  The  name  or  th'e  style  of  the  firm  in  which  the  mark  is  to 
be  registered. 

(d)  The  class  of  business  and  goods  for  which  it  is  intended. 

This  announcement  mufet  be  signed  arid  the  official  steal  ait  ached. 

The  registers  of  marks  shall  contain  the  details  cited  in  para- 
graphs (a)  to  (d)  and  shall  be  open  tb  inspection  at  the  Chambers 
of  Commerce  and  Industry. 

ART.  15.  For  registering  each  mark,  a  tax  of  5  gulden  shall  be 
paid,  which  shall  gb  into  the  treasury  of  the  chamber  of  commerce 
and  industry  where  the  registration  was  affected. 

ART.  16.  The  registration  of  marks  shall  be  renewed  every  10 
years,  reckoning  frbm  the  elate  of  registration,  by  a  fi-eSh  ^aymeilt 
of  the  tax,  otherwise  the  right  to  the  mark  will  be  '(considered  as 
expired. 

ART.  17.  A  central  register  of  marks  shall  be  kept  at  the  Ministry 
of  Commerce,  in  which  the  marks  registered  in  the  Chambers  of  Com- 
merce and  Industry  shall  be  entered  in  rotation  as  they  arrive. 

The  same  details  shall  be  given  in  the  general  register  of  marks  as 
are  contained  in  the  registers  to  be  kept  by  the  Chamber  of  Com- 
merce and  Industry.  (See  Art.  14.) 

The  general  register  of  marks,  as  well  as  the  catalogues  of  its  con- 
tents, which  are  to  be  alphabetically  arranged  and  always  kept  up 
to  date,  shall  be  kept  open  for  inspection  in  the  offices  of  the  ministry 
in  question. 

The  same  applies  to  the  samples  (Art.  13).  Prints  of  the  marks, 
after  the  latter  have  been  entered  in  the  central  register,  shall  be 
published,  using  the  blocks  furnished,  as  per  Article  13. 

ART.  18.  The  minister  of  commerce,  if  necessary,  after  consulta- 
tion with  experts,  shall  notify  the  applicant  for  protection  if  an 
identical  or  similar  mark  to  the  one  just  applied  for  exists  already 
for  the  same  class  of  goods,  in  order  that  the  applicant,  according 
to  his  judgment,  may  sustain,  modify,  or  withdraw  the  application. 
.  The  proprietor  of  the  previously  registered  mark  shall  be,  at  the 
same  time,  informed  that  notice  has  been  given  tb  the  applicant  for 
protection  of  the  fresh  mark. 

ART.  19.  The  exclusive  right  to  use  a  mark  by  an  applicant  com- 
mences from  the  day  and  hour  of  filing  the  same  at  the  Chamber  of 
Commerce  and  Industry,  and  the  priority  shall  be  decided  therefrom 
should  similar  marks  have  been  filed  by  several  applicants  for  pro- 
tection at  the  same  or  different  chambers  of  commerce  and  industry. 


AUSTRIA.  79 

2.   TEANSFEEQ. 

ART.  20.  In  order  to  transfer  the  right  to  a  mark,  within  the 
meaning  of  Article  9,  the  assignee  must  produce  proof  of  his  having 
acquired  the  business  to  which  it  relates. 

The  transfer  is  subject  to  the  same  tax  as  the  first  registration 
(Art.  15),  and  shall  be  entered  both  on  the  certificate  granted  to  the 
applicant  (Art.  13,  par.  2),  as  well  as  in  the  register  of  the  Chamber 
of  Commerce  (Art.  14),  and  in  the  central  register  of  marks  (Art.  17) 
and  published  (Art.  17,  last  paragraph). 

3.    EXTINCTION. 

ART.  21.  Marks  become  extinct — 

(a)  On  application  of  the  proprietor  of  the  mark. 

(b)  If  the  registration  shall  not  have  been  renewed  when  due 
under  the  regulations  of  Article  16. 

(c)  If  the  transfer  shall  not  have  been  duly  carried  out  (Arts.  9 
and  20). 

(d)  If  the  Minister  of  Commerce  shall  decide  that,  under  Articles 
b  and  4,  the  mark  should  not  have  been  registered. 

(e)  In  consequence  of  the  decision  of  the  Minister  of  Commerce 
obtained  in  any  action  about  the  existence  of  a  right  to  a  mark 
(Art.  30). 

ART.  22.  The  extinction  of  a  mark  shall  be  entered  on  the  certifi- 
cate (Art.  14) ,  as  well  as  in  the  register  of  the  Chamber  of  Commerce 
and  Industry  (Art.  14),  and  on  the  central  trade-mark  register  and 
shall  be  published  (Art.  17). 

SEC.  3. INFRINGEMENT  OF  THE  RIGHTS  TO  A  MARK. 

ART.  23.  Any  person  who  shall  knowingly  put  in  circulation  or 
keep  for  sale  goods  which  are  unauthorizedly  marked  with  a  mark, 
the  exclusive  right  of  use  of  which  belongs  to  another,  and,  further, 
any  person  who  for  this  purpose  knowingly  counterfeits  a  mark, 
commits  .an  offense  and  shall  be  liable  to  be  punished  by  a  fine  of 
500  to  2,000  florins,  or  with  from  three  months'  to  a  year's  imprison- 
ment, to  which  a  money  penalty  of  2,000  florins  can  be  added. 

The  simultaneous  employment  of  the  more  stringent  regulations  of 
the  general  penal  code,  especially  those  relating  to  the  crime  of 
fraud  (Art.  197,  etc.),  is  not  thereby  excluded. 

ART.  24.  The  regulation  of  Article  23  applies  also  to  thos'e  who 
knowingly  put  in  circulation,  or  keep  for  sale,  goods  which  are  un- 
authorizedly marked  with  the  name,  firm,  arms,  or  trade  name  of 
the  place  of  business  of  a  manufacturer  or  merchant;  further,  to 
those  who  knowingly  fabricate  such  marks. 
93169—19 6 


80  AUSTRIA. 

ART.  25.  The  liability  for  punishment  for  the  acts  enumerated  in 
Articles  23  and  24  is  not  avoided  if  the  mark,  name,  firm,  arms,  busi- 
ness style  of  the  establishment  be  reproduced  with  so  slight  an 
alteration  or  in  such  an  indistinct  manner  that  buyers  can  only  de- 
tect the  difference  of  the  goods  in  question  from  the  ordinary  ones 
by  paying  special  attention  thereto. 

ART.  26.  The  ordinary  courts  shall  be  invoked  for  taking  proceed- 
ings and  the  passing  of  sentence  for  the  offenses  detailed  in  Articles 
23  and  24. 

An  action  shall  be  commenced  on  the  demand  of  the  injured  party. 

ART.  27.  On  the  application  of  the  injured  party  an  order  can  be 
made  that  the  tools  and  appliances  exclusively  or  specially  used  for 
the  counterfeiting  or  unauthorized  reproduction  shall  be  rendered 
incapable  of  being  used  for  this  purpose,  that  the  stocks  of  counter- 
feited marks  and  unauthorized^  manufactured  labels  shall  be  de- 
stroyed, and  the  unauthorized  marks  and  labels  removed  from  goods 
found  in  possession  of  the  condemned  persons,  or  from  the  packages 
of  the  same  if  that  should  involve  the  destruction  of  the  goods. 

The  injured  party  shall  be  further  authorized  to  publicly  make 
known  the  judgment  against  the  inf ringer  at  the  expense  of  the  lat- 
ter. The  mode  of  publication,  as  well  as  the  duration  of  the  same, 
is  to  be  fixed  in  the  decision  after  consideration  of  the  proposals  of 
the  injured  party. 

On  the  application  of  the  injured  party,  instead  of  the  compensa- 
tion due  to  him  on  his  private  rights,  in  addition  to  the  penalty,  a 
monetary  fine  to  the  amount  of  5,000  florins,  to  be  handed  to  the 
injured  party,  can  be  decreed  by  the  court  of  justice,  the  amount  to 
be  fixed  after  free  and  careful  consideration  of  all  the  circumstances. 

Persons  sentenced  to  pay  a  monetary  fine  can  be  arrested  as  sepa- 
"ate  debtors. 

The  rules  of  this  paragraph  shall  apply  even  if  the  punishment 
take  place  under  the  stricter  regulations  of  the  general  penal  code. 

ART.  28.  The  injured  party  is  entitled,  even  before  the  punitive 
judgment  is  decreed,  to  demand  the  confiscation  or  seizure  of  the 
articles  enumerated  in  Article  27,  paragraph  1 ;  also  to  make  an  appli- 
cation that  the  necessary  measure  shall  be  taken  for  the  purpose  of 
preventing  a  repetition  of  the  punishable  offense. 

The  court  shall  adjudicate  immediately  on  this  application,  and  it 
shall  also  be  optional  for  it  only  to  authorize  the  desired  confiscation 
or  arrest,  as  well  as  the  other  measures  desired,  against  security  to 
be  given  by  the  injured  party. 

ART.  29.  Should  the  injured  party  demand,  for  any  of  the  offences 
described  in  Articles  23  and  24,  the  grant  of  compensation  through 
a  civil  court,  the  latter  shall  decide  both  as  to  the  right  of  compensa- 


AUSTRIA.  81 

tion,  as  well  as  the  amount  of  the  same,  after  due  consideration  of  all 
the  circumstances. 

ART.  30.  The  Minister  of  Commerce  shall  decide  the  point  whether 
the  exclusive  right  of  user  of  a  mark  belongs  to  a  person,  also  as  to 
the  priority  and  transfer  of  this  right,  and  also  whether  a  regis- 
tered mark  shall  be  used  by  another- party  for  a  different  class  of 
goods  (Art.  7). 

Should  it  appear,  in  the  course  of  legal  proceedings  in  any  of  the 
cases  enumerated  in  Article  23  that  a  decision  of  a  question  is  pend- 
ing, upon  which,  under  the  first  paragraph  of  this  Article  30,  the 
Minister  of  Commerce  has  to  adjudicate,  the  criminal  court  shall, 
after  submitting  the  necessary  documents  to  the  minister  in  question, 
request  him  to  decide  this  question  first,  and  shall  await  the  notice  of 
sanle. 

ART.  31.  Contravention  of  the  regulations  set  forth  in  Article  6 
shall  be  punished  by  the  usual  courts  in  accordance  with  regulations 
of  the  industrial  law,  in  which  the  forfeiture  of  the  goods  in  question 
is  always  decreed. 

SEC.   4. MARKS  RELATING  TO  BUSINESSES  OUTSIDE  AUSTRIA. 

ART.  32.  As  regards  the  protection  of  marks,  as  well  as  of  names, 
firms,  arms,  or  trade  names  of  houses  belonging  to  foreign  businesses, 
this  takes  place  in  accordance  with  the  treaties  or  conventions  con- 
cluded with  the  States  in  question. 

The  regulations  of  the  customs  and  commercial  union  shall  decide 
under  what  conditions  marks  registered  in  the  territory  of  the  royal 
Hungarian  Crown  and  also  names,  firms,  coats  of  arms,  or  trade 
designations  of  establishments  of  manufacturers  or  merchants  of  that 
country,  shall  share  in  the  protection  secured  by  this  law. 

SEC.    5. CONCLUDING    REGULATIONS. 

ART.  33.  Marks  which  shall  have  been  registered  under  former 
regulations,  and  particularly  those  of  which,  under  Article  16,  the 
allotted  period  of  10  years  before  registration  from  the  time  of  regis- 
tration to  the  coming  into  effect  of  this  law  has  not  yet  elapsed, 
shall  enjoy,  until  the  lapse  of  the  10  years,  the  protection  accorded 
under  the  provisions  of  this  law  without  reregistration.  On  the 
other  hand,  such  marks  as,  on  the  coming  into  force  of  this  law, 
shall  have  been  registered  more  than  10  years,  shall,  after  the  lapse 
of  three  months,  reckoned  from  the  time  of  the  coming  into  force  of 
this  law,  be  struck  out  of  the  register  if  the  proprietor  of  the  mark 
in  question  shall  not  have  registered  it  afresh  during  this  interval. 


82  AUSTRIA. 

Such  applications  as  shall  be  pending  at  the  time  of  the  coming 
into  force  of  this  law  shall  be  completed  before  those  authorities 
which  were  before  qualified  and  on  the  ground  of  the  former  regu- 
lations. 

ART.  34.  This  law  for  the  protection  of  marks  shall  come  into  ac- 
tion after  the  lapse  of  three  months  from  the  day  of  its  publication. 
On  that  date  the  law  of  December  7.  1858  (Reichsgesetzblatt  No. 
230),  shall  cease  to  be  in  force. 

ART.  35.  My  Minister  of  Commerce,  my  Minister  of  the  Interior, 
and  my  Minister  of  Justice  are  intrusted  with  the  carrying  out  of  this 
law. 

(Signed)  FRANZ  JOSEPH. 

TAAFFE. 
BACQUEHEM. 
SCHONBORN. 
VIENNA,  6th  day  of  January,  1890. 

AUSTRIA    WAR    LEGISLATION. 

[Imperial  Ordinance  of  Aug.  29,  1914,  concerning  the  effect  of  the  state  of  war  upon  the 
delays,  the  lapses,  and  the  procedure.] 

SECTION  1.  The  effects  exercised  by  the  state  of  war  upon  the 
duration  of  delays  and  on  the  observation  of  lapses  established  by 
the  prescriptions  in  force,  or  fixed  by  the  authorities,  as  well  as  on 
the  procedure,  may  be  determined  by  way  of  ordinance.  These  may, 
in  particular,  determine  in  such  measure  and  in  what  manner  it  is 
possible  to  avoid  the  legal  prejudices  resulting  from  non-observation 
of  terms,  or  from  lapses  or  other  facts  due  to  the  state  of  war,  and 
to  bring  remedies  to  such  prejudices  if  they  have  already  been 
produced. 

SEC.  2.  The  present  Imperial  Ordinance  entered  into  vigor  upon 
the  date  of  its  publication. 

SEC.  3.  The  Ministry  interested  are  charged  with  the  execution 
of  this  Ordinance. 

PATENTS — DESIGNS — TRADE-MARKS — APPLICATIONS    UNDER    CONVEN- 
TION— PRIORITY,  PROOF  or — DECREE  OF  SEPTEMBER  2,  1914. 

[Translation.] 

[Decree  of  the  Ministry  of  Public  Works  of  Sept.  2,  1914,  relating  to  the  extension  of  the 
term  for  filing  documentary  proof  of  priority  in  connection  with  applications  for  pat- 
ents, designs,  and  trade-marks.] 

On  the  ground  of  Articles  1  and  5  of  the  law  of  December  29,  1908, 
Reichsgesetzblatt,  No.  268,  by  virtue  of  which  rules  of  practice  occa- 


AUSTRIA.  83 

sioned  by  the  adherence  to  the  International  Union  for  the  protec- 
tion of  industrial  property  were  promulgated,  it  is  decreed : 

Commencing  from  the  day  of  publication  of  this  decree  until  some 
further  notice  the  term  for  filing  documentary  proof  of  priority  may 
be  adequately  extended  beyond  the  term  stipulated  in  Article  6  of  the 
decree  of  December  30,  1908,  Reichsgesetzblatt,  No.  271,  on  grounds 
meriting  consideration.  An  application  for  the  extension  of  a  term 
already  expired  after  July  25,  1914,  may  still  be  filed  within  30  days 
from  the  time  of  publication  of  this  decree. 

(Signed)  TRUKA,  M.  P. 

(From  Reichsgesetzblatt,  Sept.  4,  1914.) 


PATENTS — EXCEPTIONAL  RULES  IN  FORCE  DURING  WAR. 

[Translation.] 

[Decree  of  the  Ministry  of  Public  Works,  with  the  approval  of  the  Ministries  of  Com- 
merce, Finance,  and  Justice,  of  Sept.  2,  1914,  by  virtue  of  which  exceptional  rules  per- 
taining to  patent  matters  are  in  force  during  the  time  of  martial  complications.] 

On  the  ground  of  the  Imperial  decree  of  August  29,  1914,  Reichs- 
gesetzblatt, No.  227,  relating  to  the  influence  of  war  events  on  exten- 
sions, terms,  and  procedure,  it  is  decreed  as  follows : 

ARTICLE  1.  For  the  period  commencing  July  26,  1914,  until  a  day 
to  be  determined  in  due  course  by  a  decree,  the  following  exceptions 
from  the  provisions  of  the  patent  law  of  January  11,  1897,  ReicTis- 
gesetzblatt,  No.  30,  are  in  force. 

EXTENSION  FOR  PATENT  TAXES. 

ART.  2.  The  term  for  the  payment  of  patent  taxes  enumerated  be- 
low, to  be  paid  within  the  period  stipulated  in  Article  1,  by  parties 
either  in  the  military  service  or  employed  otherwise  in  a  military  ca- 
pacity may  be  extended  on  petition. 

1.  The  first  annual  tax,  and  the  single  annual  tax  for  a  patent  of 
addition,  for  an  application  laid  open  for  inspection. 

2.  The  fee  for  lodging  a  complaint  or  appeal. 

3.  The  taxes  for  a  patent  granted,  non-payment  of  which  would 
result  in  the  annulment  of  the  patent. 

The  extension  granted  terminates  at  the  expiry  of  one  month  fol- 
lowing the  day  to  be  stipulated  by  the  decree  (Art.  1).  If  the 
extended  tax  payment  is  not  made  until  then,  the  application  shall 
be  considered  withdrawn,  in  the  case  cited  under  Article  1,  if  the 
patent  has  not  as  yet  been  granted,  but  if  the  patent  has  been  already 
granted,  as  in  the  case  cited  under  Article  3,  the  same  shall  lapse. 


84  AUSTRIA. 

The  taxes  cited  under  Article  2  shall  be  paid  within  the  stipulated 
term,  if  the  grace  has  not  been  obtained  in  accordance  with  para- 
graph 1  of  Article  118  of  the  law  for  patents. 

No  additional  fee  shall  be  paid  upon  the  extended  payment  of  an 
annual  tax. 

The  President  of  the  Patent  Office,  who  may  grant  an  adequate 
extension  on  grounds  deserving  consideration,  or  upon  the  produc- 
tion of  proof  of  military  service  or  employment,  acts  definitely  on 
petitions  for  extensions,  which  may  also  be  filed,  without  authoriza- 
tion, by  the  manager  of  a  business. 

If  the  petition  for  an  extension  has  not  been  granted,  the  conse- 
quences resulting  from  the  neglect  to  pay  a  tax,  as  stipulated  by  the 
law  for  patents,  become  operative,  without  prejudice  to  the  provisions 
of  Articles  3  and  4  of  this  decree,  provided  that  the  tax  is  not  paid 
within  14  days  from  the  time  of  notification  to  the  applicant,  or,  if 
the  tax  becomes  due  at  a  later  date,  at  the  time  it  falls  due. 

MAINTENANCE  OF   PATENTS   NOTWITHSTANDING   INTERRUPTED  TAX 

PAYMENT. 

ART.  3.  If  a  tax  payment  were  to  be  made  within  the  term  stipu- 
lated in  Article  1,  the  non-payment  of  which  would  result  in  the  an- 
nulment of  a  patent,  and  if  upon  later  presentation  of  the  neglected 
tax  payment,  proof  is  submitted  that  the  neglect  was  caused  by  the 
events  of  war,  without  fault  on  the  part  of  the  patent  owner  or  his 
representative,  the  extinction  of  the  patent  shall  not  be  considered  to 
have  become  effective. 

The  Division  for  Applications,  upon  petition,  decides  with  the 
reservation  of  appeal  (Art.  63  of  the  law  for  patents).  The  decision 
granting  the  petition  shall  be  entered  in  the  register  for  patents. 

Parties  having  made  use  in  the  meantime,  and  in  good  faith,  of  the 
invention  shall  not  be  charged  with  infringement  of  the  patent  in 
consequence  of  such  use.  Said  parties  do  not  acquire  a  right  to  make 
use  of  the  invention  in  future. 

The  neglect  of  the  payment  of  a  tax  may  be  construed  as  having 
been  caused  by  the  war  events  in  particular : 

1.  When  the  patent  owner  rendered  military  services  or  otherwise 
was  employed  in  a  military  capacity ; 

2.  When  the  due  payment  of  the  tax  was  impossible  in  consequence 
of  the  interruption  of  communication  caused  by  the  war  or  mobiliza- 
tion. 

ART.  4.  If  the  applicant  has  been  prevented  from  prosecuting  his 
application  in  a  regular  manner  by  reason  of  having  been  himself, 
or  his  representative,  called  out  for  active  service,  or  by  employment 
in  a  military  capacity,  or  in  consequence  of  interrupted  communica- 


AUSTRIA.  85 

tion  caused  by  the  war  or  mobilization,  or  by  war  events  in  general, 
and  when  in  consequence  of  these  circumstances  the  application  is 
considered  withdrawn  on  account  of  the  neglected  payment  of  the 
first  annual  tax  or  bf  the  tax  for  the  patent  of  addition  (par.  6,  Art. 
114,  of  the  patent,  law),  the  patent  is  not  granted,  or  is  only  granted 
restricted  in  its  scope,  the  reinstatement  shall  be  granted  on  petition. 

In  the  first  conceived  case  the  payment  of  the  first  annual  tax  or 
tax  for  the  patent  of  addition,  or  the  grace  obtained  for  the  payment 
of  said  tax  on  the  ground  of  paragraph  9, of  Article  114  of  the  patent 
law,  shall  be  proved  in  the  petition  for  reinstatement.  The  Division 
before  which  action  was  pending  at  the  time,  as  provided  in  accord- 
ance with  paragraph  6  of  Article  114  of  the  patent  law,  decides  re- 
garding the  reinstatement.  The  procedure  shall  be  continued  if  the 
reinstatement  be  granted. 

The  reinstatement  consists  in  the  resumption  of  the  appeal  proce- 
dure, if  upon  complaint  of  the  opponent  a  decision  adverse  to  the 
applicant  has  been  modified. 

In  other  cases  the  reinstatement  consists  in  the  concession  to  appli- 
cant of  the  right  to  file  an  appeal,  which  shall  be  done  in  connection 
with  the  petition  for  reinstatement. 

Deficiencies,  on  the  ground  of  which  the  application  was  rejected 
and  the  correction  of  which  applicant  was  prevented  from  making, 
may  be  corrected  at  the  time  of  filing  the  appeal. 

The  Appellate  Division  renders  decision,  in  the  cases  of  the  two 
preceding  paragraphs,  regarding  the  allowance  of  an  appeal. 

The  publication  shall  be  repeated,  if  the  grant  of  the  patent  be 
held  allowable  with  a  greater  scope  in  comparison  with  the  original 
publication.  In  this  case  however  the  day  of  the  first  publication 
is  determinative  in  respect  of  the  calculation  of  the  duration  of  the 
patent. 

The  first  annual  tax  refunded  in  consequence  of  the  rejection  of 
the  patent  (par.  10,  Art.  114)  shall  be  paid  upon  filing  the  petition 
for  reinstatement,  with  the  reservation  of  an  extension  in  accordance 
with  paragraph  9  of  Article  114  of  the  law  for  patents. 

Parties  having  in  good  faith  made  use  of  the  invention  after  the 
publication  of  tJbese  facts  can  not  be  charged  with  infringement  of 
the  patent  on  the  ground  of  such  use,  if  the  decision  regarding  the 
complete  or  partial  rejection,  rendered  in  accordance  with  paragraph 
6  of  Article  114  of  the  patent  law,  has  been  made  retroactive  by  the 
reinstatement.  No  right  to  the  future  utilization  of  the  invention  is 
acquired  by  said  parties. 

The  reinstatement  on  the  ground  of  neglect  to  observe  the  term 
for  appeal  is  permissible  in  favor  of  parties  having  been  themselves 
prevented,  or  whose  representative  has  been  prevented,  by  the  calling 
out  for  active  service,  or  other  employment  in  a  military  capacity,  or 


86  AUSTRIA. 

through  the  interruption  of  communication  caused  by  the  war  or 
mobilization,  or  through  war  events  in  general,  from  the  timely  lodg- 
ing of  the  appeal.  Appeal  to  the  Patent  Court  may  be  made  from 
the  refusal  to  reinstate.  If  through  the  later  decision  the  declara- 
tion of  nullification  or  revocation  of  the  patent,  deqreed  in  the  earlier 
decision,  is  made  retroactive,  the  provision  contained  in  the  preced- 
ing paragraph  pertaining  to  the  use,  in  good  faith,  of  the  invention 
in  the  meantime  is  applicable. 

The  application  for  reinstatement  may  be  made  before  the  expiry 
of  one  month  from  the  day,  to  be  determined  in  accordance  with  the 
decree  (Art.  1),  but  if  the  state  of  being  prevented  continues  beyond 
that  period,  application  may  still  be  made  within  one  month  from 
the  day  the  obstacle  has  been  removed. 

ART.  5.  In  the  sense  of  this  decree  "in  military  service"  or  "other- 
wise employed  in  a  military  capacity"  shall  be  construed  to  mean : 

1.  Members  of  the  armed  forces  of  the  Austro-Hungarian  Empire 
(common  army,  navy,  militia,  reserves) ; 

2.  Such  persons  as  have  been  drafted  in  the  service  for  war  pur- 
poses on  the  ground  of  Article  7  of  the  law  relating  to  military  serv- 
ice or  on  the  ground  of  the  legal  provisions  in  force  in  respect  of  mili- 
tary service. 

3.  The  personnel  of  the  field  gendarmerie,  civilians  who  in  an 
official  capacity  are  assigned  for  service  to  the  army  in  the  field, 
or  who  belong  to  the  retinue  of  the  army  in  the  field. 

4.  All  persons  voluntarily  engaged  in  relief  work  in  the  army  in 
the  field. 

ART.  6.  The  acts  of  favor  granted  in  this  decree  are  also  ap- 
plicable when  the  situation  governing  such  an  act  is  not  conclusive 
in  respect  of  everyone  of  the  parties  in  interest  (joint  applicant,  joint 
owner  of  a  patent,  associate  litigant). 

DELAY  OF  PUBLICATION  OF  PATENT  APPLICATIONS. 

ART.  7.  The  publication  and  the  laying  out  of  the  patent  applica- 
tion may  be  held  in  suspense  on  motion  made  within  the  period 
stipulated  in  Article  1  for  a  term  not  exceeding  twelve  months 
reckoned  from 'the  day  of  notification  of  the  decision  of  publication. 
ART.  8.  This  decree  becomes  effective  on  the  day  of  its  publica- 
tion. 

(Signed)  TRUKA,  M.  P. 

(Signed)  ENGEL,  M.  P. 

(Signed)  HOCHENBURGER,  M.  P. 

(Signed)  SCHUSTER,  M.  P. 

(From  Reichsgesetzblatt,  Sept.  4,  1914.) 


AUSTRIA.  87 

TRADE-MARKS — EXCEPTIONAL  RULES — WAR  MEASURES — DECREE  OF 
SEPTEMBER  24,  1914. 

[Translation.] 

[Decree  of  the  Ministry  of  Public  Works,  with  the  approval  of  the  Ministries  of  Commerce 
and  Justice,  of  Sept.  24,  1914,  (ReichsgesetzWatt,  No.  257),  by  virtue  of  which,  in  con- 
sequence of  the  martial  complication,  exceptional  measures  pertaining  to  trade-mark 
matters  are  taken.] 

By  virtue  of  the  Imperial  decree  of  August  29,  1914  (Reichsgesetz- 
Uatt  No.  227)  (for  notice,  see  13  P.  &  T.  M.  Rev.,  14),  relating  to 
the  influence  of  war  events  on  extensions,  terms  and  procedure,  it  is 
decreed  as  follows : 

ARTICLE  1.  A  term  until  February  1,  1915,  is  granted  for  the  re- 
newal of  marks  that  are  to  be  renewed  during  the  period  commencing 
July  26  until  December  31,  1914,  inclusive,  in  order  to  maintain  the 
trade-mark  right  in  accordance  with  the  provision  of  Article  16  of  the 
law  of  trade-marks  of  January  6, 1890.  (Reiehsgesetz~blatt,  No.  19.) 

ART.  2.  The  ten-year  duration  of  a  mark  renewed  on  the  ground  of 
Article  1  commences  from  the  day  on  which  the  mark  had,  at  the 
latest,  to  be  registered  in  accordance  with  the  provisions  of  the  law 
of  January  6,  1890.  (ReichsgesetzUatt,  No.  19.) 

ART.  3.  The  annulment  of  a  mark  shall  be  considered  as  not  having 
taken  place  and  shall  be  made  retroactive,  if  the  mark  to  which 
Article  1  is  applicable  has  been  annulled,  in  consequence  of  neglected 
renewal,  before  the  expiry  of  the  term  allowed,  provided  that  the 
mark  is  renewed  within  the  said  term. 

ART.  4.  The  grace  specified  in  Article  1  is  applicable  to  marks  of 
foreign  establishments  in  proportion  to  the  agreements  in  force  with 
the  country  of  origin  of  the  mark. 

ART.  5.  The  commencement  and  duration  of  a  term  for  instituting 
an  action  under  Article  4  of  the  law  of  July  30,  1895  (Reichsgesetz- 
blatt,  No.  108),  is  discontinued  on  the  ground  of  absence  while  in  the 
military  service  or  on  the  ground  of  war  events,  for  such  a  length  of 
time  as  these  obstacles  prevail,  provided  that  the  institution  of  an 
action  is  prevented  thereby. 

ART.  6.  The  provisions  of  the  decree  of  September  15,  1914, 
(Reichsgesetz~blatt,  No.  245).  relating  to  exceptional  provisions  for 
procedure  and  terms  in  matters  pertaining  to  a  public  right  in  favor 
of  military  men  are  also  applicable  to  administrative  matters  per- 
taining to  trade-marks  in  so  far  as  this  decree  does  not  contain  any 
deviating  rules. 

ART.  7.  This  decree  becomes  operative  on  the  day  of  its  publica- 
tion. (From  0 esterreichisches  Patentblatt,  Oct.  15,  1914.) 


88  AUSTRIA. 

INDUSTRIAL    PROPERTY — ALIEN    ENEMIES — "  WAR    MEASURES  " — DE- 
CREE OF  OCTOBER  16,  1914. 

[Translation.] 

[Imperial    decree    concerning    measure   for   reprisal   in    legal    and    economic    matters,    re- 
sulting from  the  state  of  war   (Oct.  16,  1916).] 

By  virtue  of  Article  14  of  the  Constitution  of  December  21,  186T 
(Rewhsgesetzblatt,  No.  141),  I  decree  the  following: 

ARTICLE  1.  The  Government  is  authorized  to  issue,  by  virtue  of 
the  right  of  reprisal,  ordinances  or  decrees  of  a  legal  or  economic 
nature  concerning  the  treatment  of  foreigners  and  foreign  enter- 
prises, as  well  as  to  take  measures  necessary  for  preventing  valuables 
being  transmitted  directly  or  indirectly  to  an  enemy  country. 

ART.  2.  Whoever  shall  knowingly  violate  the  provisions  of  Article 
1  shall  be  punished  by  imprisonment  of  from  one  month  to  one  year. 

The  penalty  of  imprisonment  may  be  combined  with  a  fine  amount- 
ing to  as  much  as  50,000  crowns,  which  shall  be  paid  into  the  Treasury 
of  the  State. 

ART.  3.  The  present  Imperial  Ordinance  shall  become  effective  from 
the  date  of  its  publication.1 

The  Minister  of  the  Interior  and  th«  other  Ministers  concerned  are 
charged  with  the  execution  of  the  present  ordinance. 

Vienna,  October  16,  1914. 

(Signed)  FRANCIS- JOSEPH,  M.  P. 

Countersignatures  of  Ministers. 

(From  30  La  Propriete  Industrielle,  150,  of  Oct.  31, 1914.) 


PATEN  TS — DESIGN  s — TRADE -MARKS — APPLICATION  s — CON  VEN  TION— 
PRIORITY — DECREE  No.  353  (SUPPLEMENTAL)  OF  DECEMBER  1,  1915. 

[Ordinance  of  the  Minister  of  Public  Works  supplementing  the  ordinance  of  Sept.  2,  1914, 
No.  233,  which  extends  the  time  limits  for  the  production  of  documents  establishing 
the  right  of  priority  in  the  matter  of  patents,  designs,  and  trade-marks.] 

By  virtue  of  the  Imperial  Ordinance  of  August  29,  1914  (Reichs- 
gesetzblatt,  No.  227),  concerning  the  effects  of  the  state  of  war  on 
time  limits,  forfeitures,  and  procedures,  it  is  hereby  decreed,  until 
further  notice,  as  follows : 

SECTION  1.  The  ordinance  of  September  2,  1914  (Reichsgesetz- 
~blatt,  No.  233),  is  supplemented  by  the  following  provisions: 

"When  an  applicant  shall  have  been  prevented  by  the  state  of 
war  from  producing  within  the  time  specified  the  documents  estab- 
lishing his  right  of  priority  for  an  application  for  patent,  he  shall, 
upon  his  petition,  be  restored  to  the  former  status.  This  applies 
also  to  the  time  limits  which  had  expired  before  this  ordinance  goes 
into  force. 

1  Published  Oct.  23,  1914. 


AUSTRIA.  89 

"  The  effect  of  the  restoration  to  the  former  status  shall  be  that  the 
documents  establishing  the  right  of  priority  shall  be  considered  as 
having  been  produced  in  time. 

"  The  petition  for  restoration,  which  shall  be  accompanied  by  the 
documents  establishing  the  right  of  priority,  shall  be  presented  be- 
fore the  final  conclusion  of  the  proceedings  for  issue. 

"  The  petition  for  restoration  pertains  to  the  section  of  the  Patent 
Office  in  which  the  proceedings  for  issue  are  pending." 

SEC.  2.  This  ordinance  shall  go  into  force  on  the  day  of  the  publi- 
cation of  the  same. 

(Signed)  TRLTKA,  M.  P. 

(From  23-2  Official  Gazette,  623.) 


ORDINANCE  No.  349  OF  DECEMBER  1,  1915. 

1 1.  Ordinance  of  the  Minister  of  Public  Works  establishing  exceptional  provisions,  by  rea- 
son of  the  state  of  war,  with  regard  to  the  terms  of  priority  fixed  by  the  Convention 
of  the  Union  of  Paris  for  the  Protection  of  Industrial  Property.] 

By  virtue  of  the  Imperial  ordinance  of  August  29,  1914  (Reichs- 
gesetzblatt,  No.  227),  concerning  the  effects  of  the  state  of  war  on 
the  time  limits,  forfeitures,  and  procedures,  it  is  hereby  ordered  as 
follows : 

SECTION  1.  (1)  The  terms  of  priority  provided  with  regard  to  filing 
in  the  matter  of  patents,  designs,  and  trade-marks  by  Article  4  of 
the  Convention  of  the  Union  of  Paris  of  March  20,  1883,  revised  at 
Brussels  December  14,  1900,  and  at  Washington  June  2,  1911,  are 
hereby  extended,  in  so  far  as  they  had  not  expired  prior  to  July  26, 
1914,  until  the  expiration  of  three  months  after  a  date  to  be  fixed  by  a 
future  ordinance. 

(2)  This  provision  shall  be  applicable  in  favor  of  subjects  of  other 
countries  belonging  to  the  International  Union  for  the  Protection  of 
Industrial  Property  only  if  such  countries  grant  to  Austriaji  sub- 
jects an  extension  of  the  terms  of  priority.    If,  however,  one  of  said 
countries  accords  this  privilege  to  Austrian  citizens  to  a  less  wide 
extent  than  provided  for  in  paragraph  1,  the  same  restriction  shall 
apply  to  the  subjects  of  such  country. 

(3)  A  notice  published  in  the  Reichsgesetzblatt  shall  specify  to 
what  extent  the  terms  of  priority  are  prolonged  in  Austria  in  favor 
of  subjects  of  other  countries  in  conformity  with  paragraph  2. 

SEC.  2.  (1)  When  an  applicant  shall  have  been  prevented  by  the 
state  of  war  from  observing  the  terms  of  priority  provided  with  re- 
gard to  filing  in  the  matter  of  patents,  designs,  and  trade-marks  by 
Article  4  of  the  Convention  of  the  Union  of  Paris  on  March  20,  1883, 
revised  at  Brussels  December  14,  1900,  and  at  Washington  June  2, 


90  AUSTRIA. 

1911,  he  shall,  upon  his  request,  be  restored  to  the  former  status. 
This  shall  apply  also  to  the  time  limits  which  had  expired  before  the 
present  ordinance  goes  into  force. 

(2)  The  effect  of  the  restoration  to  the  former  status  shall  be  that 
the  filing  is  to  be  considered  as  having  been  effected  during  the  term 
of  priority. 

(3)  The  petition  for  restoration  shall  be  presented  within  the 
three  months  following  the  disappearance  of  the  obstacle,  or,  if  the 
obstacle  disappears  prior  to  the  date  of  the  notice  provided  for  in 
paragraph  5,  then  within  the  three  months  following  such  date.    The 
petition  for  restoration  shall,  however,  in  all  cases,  be  formulated 
not  later  than  within  three  months  after  the  date  to  be  fixed  by  a 
future  ordinance.    The  filing  shall  be  effected  at  the  same  time  that 
the  petition  for  restoration  is  presented. 

(4)  The  petition  for  restoration  pertains  to  the  section  of  appli- 
cations of  the  Patent  Office  in  the  case  of  an  application  for  a  patent ; 
and  in  case  of  the  filing  of  a  design  or  trade-mark,  it  pertains  to  the 
Minister  of  Public  Works,  to  whom  the  Chamber  of  Commerce  and 
Industry  shall  submit  the  petition  which  must  be  filed  with  the  latter. 

(5)  These  provisions  shall  apply  in  favor  of  subjects  of  other 
countries  belonging  to  the  International  Union  for  the  Protection  of 
Industrial  Property  in  so  far  as  acts  of  filing  are  concerned  for 
which,  according  to  a  notice  published  in  the  Reichsgesetzblatt,  like 
advantages  are  accorded  in  such  countries  to  Austrian  subjects. 

SEC.  3.  Unless  an  applicant  establishes  the  fact  that  he  is  of  an- 
other nationality  insuring  him  more  favorable  treatment,  he  shall 
be  considered  to  be  a  subject  of  the  country  in  the  territory  of  which 
his  domicile  or  place  of  business  is  located. 

SEC.  4.  This  ordinance  shall  go  into  force  on  the  day  on  which  it 
shall  be  published  (published  in  the  Reichsgesetzblatt,  No.  879,  of 
Dec.  3,  1915). 

(Signed)  TRTJKA,  M.  P. 

[Decree  of  Dec.  14,  1914,  No.  343,  of  the  Ministry  in  full  session  forbidding  the  making 

of  payments  in  Russia.] 

In  view  of  paragraph  1  of  the  Imperial  Ordinance  of  the  16th  of 
October,  1914,  concerning  the  measures  of  replying  (retorsion)  in 
matters  judicial  and  economic  caused  by  the  state  of  war,  the  follow- 
ing is  decreed : 

1.  The  provisions  of  the  Ordinance  of  the  Ministry  in  full  session 
on  October  22,  1914,  forbidding  the  making  of  payments  in  Great 
Britain  and  in  France,  the  provisions  are  applicable  to  Eussian  na- 
tionals and  to  persons  having  their  domicile  or  establishment  in  Rus- 
sia, with  this  modification,  that  the  prohibition  has  its  effect  with 
respect  to  each  purchaser,  wherever  his  domicile  or  establishment 


AUSTRIA.  91 

may  be,  if  he  acquired  his  right  after  the  coming  into  force  of  the 
present  Ordinance.  The  payments  necessary  to  obtain  or  maintain 
in  force  in  Russia  rights  in  the  matter  of  patents,  designs,  or  trade- 
marks, are  authorized  until  the  new  order. 

2.  The  present  Ordinance  will  come  into  force  from  the  date  of  its 
publication. 

[Decree  of  Dec.  24,  1914,  No.  355,  by  the  Ministry  of  Public  Works  in  accord  with  the 
Ministries  of  Commerce  and  Justice  for  completing  the  ordinance  of  Sept.  24,  1914, 
establishing  exceptional  arrangements  in  the  matter  of  trade-marks  for  the  duration 
of  the  war.] 

In  view  of  the  Imperial  Ordinance  of  the  29th  of  August,  1914, 
concerning  the  effects  resulting  from  the  war,  on  terms,  lapses  and 
procedure,  the  following  is  decreed : 

The  term  for  the  renewal  of  trade-marks  mentioned  in  paragraph 
1  of  the  Ordinance  of  September  24,  1914,  is  prolonged  until  the 
1st  of  August,  1915,  inclusive. 

The  same  term  is  set  for  the  renewal  of  trade-marks  which,  by  the 
terms  of  the  provision  of  pargraph  16  of  the  law  of  the  6th  of  Janu- 
ary, 1890,  on  trade-mark3,  should  have  been  renewed  between  the 
1st  of  January  and  the  30th  of  June,  1915,  inclusive. 

The  provisions  of  paragraphs  2  to  4  of  the  Ordinance  of  September 
24. 1914,  are  applicable  to  favorable  treatment  established  by  the  two 
lines  preceding.  The  present  Ordinance  will  come  into  force  from 
the  date  of  its  publication. 


[Decree  No.  74  of  Mar.  20,  1915,  of  the  Ministry  of  Public  Works  modifying  a  provision 
of  the  Ordinance  of  the  22d  of  April,  1913,  on  the  international  registration  of  trade- 
marks.] 

The  provision  of  paragraph  4,  letter  B  No.  1  of  the  Ordinance  of 
the  Ministry  of  Public  Works  of  the  22d  of  April,  1913,  concerning 
the  international  registration  of  trade-marks  is  partially  modified 
in  the  sense  that,  until  the  new  order,  the  international  payment  shall 
be  made  in  crowns,  according  to  rates  of  reduction  established  for 
payments  to  be  made  in  Switzerland  through  the  Postal  Savings 
Bank  and  published  in  the  Wiener  Zeitung,  so  that  it  will  be  in  force 
on  the  date  of  deposit  of  the  applicant  holding  the  international  reg- 
istration of  the  mark.  The  present  Ordinance  will  come  into  force  on 
the  date  of  its  publication. 

(Signed)  TRUKA,  M.  P. 

[Notice    concerning    procedure    applicable   to    applications    for    patents    emanating   from 
citizens  of  enemy  countries  (Austrian  Patentblatt,  1st  of  May,  1915,  p.  120).] 

The  Imperial  and  Royal  Bureau  of  Patents  applies  actually  to  ap- 
plications of  patents  emanating  from  citizens  of  enemy  countries,  the 
procedure  indicated  hereafter : 

The  procedure  with  relation  to  application  for  patent  is  con- 
ducted up  to  the  deliverance  of  the  patent  only.  It  is  in  consequence 


92  AUSTRIA. 

carried  to  a  preliminary  decision,  to  decision  to  publish  the  applica- 
tion, and  to  appeals  to  oppositions.     Decisions  rejecting  the  applica- 
tion are  equally  rendered  the  case  requiring.     The  deliverance  of 
patent  as  a  measure  of  retaliation  is  suspended.    If  one  claims  for 
an  application  a  right  of  priority  based  on  the  International  Con- 
vention, this  priority  is  provisionally  taken  into  consideration  in  the 
preliminary  examination  and  in  the  decision  upon  the  publication 
of  the  description.     The  question  of  priority  will  be  definitely  de- 
cided in  the  decision  pronouncing  upon  the  grant  of  the  patent.    If 
the  decision  carrying  the  rejection  of  the  application  depends  upon 
the  preliminary  question  of  knowing  if  a  union  priority  claim  is  ap- 
plicable, the  decision  will  be  postponed.     The  benefits  provided  by 
paragraphs  3,  4,  and  7  of  the  Ministerial  Ordinance  of  the  2d  of  Sep- 
tember, 1914  (Bulletin  of  Laws  of  the  Empire,  No.  32),  so  far  as 
they  concern  the  maintaining  in  force  of 'patents,  notwithstanding 
the  non-payment  of  taxes,  the  reestablishment   of  patents  in  the 
former  state,  notwithstanding  the  non-observance  of  fixed  delays,  the 
prolongation  of  delays  accorded  for  the  withholding  of  the  publi- 
cation relative  to  the  application  for  patent,  as  well  as  the  benefits 
provided  by  the  Ministerial  Ordinance  of  the  2d  of  September.  1914 
(Bulletin  of  Laws  of  the  Empire,  No.  233),  concerning  the  pro- 
longation of  delay  accorded  for  the  production  of  brief  establishing 
the  right  of  priority  are  applicable  to  citizens  of  France  and  of 
Great  Britain  in  the>  cases  where  and  also  so  long  »as  these  countries 
afford  equally  to  Austrian  citizens  the  benefits  that  are  accorded  them 
by  reason  of  the  state  of  war.    The  liquidation  of  demands  tending 
to  the  transmission  of  citizens  of  enemy  countries  and  of  nationals, 
or  to  the  citizens  of  allied  countries  or  neutrals,  of  rights  resulting 
from  an  application  for  patent  will  be  withheld  so  long  as  the  docu- 
ments serving  as  a  state  for  the  application  have  not  been  estab- 
lished prior  to  the  entry  into  war  with  the  countries  in  question. 
Also  as  long  as  the  applicant«or  petitioner  has  not  justified  a  differ- 
ent nationality,  he  will  be  considered  as  a  citizen  of  the  country 
where  is  found  the  place  indicated  by  him  as  his  domicile,  or  as  the 
location  of  his  establishment. 

Until  a  new  order  nothing  will  be  done  with  applications  for 
patents  emanating  from  Russian  citizens. 

PATENTS — WAR  MEASURES — DECREE  OF  MAY  17,  1915. 

[Translation.] 

I  Decree  of  the  Ministry  of  Public  Works,  with  the  approval  of  the  Ministries  of  Finance, 
Commerce,  and  Justice,  of  May  17,  1915  (Reichsgesetzblatt,  No.  123),  relating  to  the 
amplification  and  modification  of  the  decree  of  Sept.  2,  1914  (for  translation  of  which 
see  13  P.  &  T.  M.  Rev.,  4),  by  virtue  of  which  exceptional  provisions  are  made  in  re- 
spect of  patent  matters  during  the  period  of  existing  martial  complications.] 

On  the  ground  of  the  Imperial  decree  of  August  29,  1914  (Reichs- 
gesetzbUtt  No.  227)    (for  notice  of  which  see  12  P.  &  T.  M.  Rev., 


AUSTRIA.  93 

352),  relating  to  the  influence  of  martial  events  upon  prolongations, 
terms,  and  procedure,  it  is  decreed  as  follows : 

ARTICLE  1.  1.  The  following  paragraphs  are  interpolated  in 
Article  2 : 

"  This  extension  may  be  granted  on  motion  to  persons  other  than 
those  specified  in  the  preceding  paragraph,  if  the  same  have  been 
prevented  by  martial  events  from  making  timely  payment  of  the  tax. 

"  The  grace  for  the  payment  of  taxes  specified  in  Nos.  1  and  2  of 
Article  2  may  no  longer  be  granted  after  the  publication  in  Patent- 
Matt  that  the  patent  application  is  held  to  be  abandoned,  or  after  the 
entry  in  the  Patent  Register  of  the  extinction  of  the  patent.  A  mo- 
tion for  extension  of  the  term  for  the  payment  of  taxes  specified  in 
Xo.  2  of  Article  1  shall  be  made  prior  to  the  expiry  of  the  term  for 
the  payment  of  the  tax. 

"  The  grace  granted  for  the  payment  of  an  annual  tax  is  applicable 
to  every  additional  annual  tax  falling  due  within  the  term  of  said 
grace." 

2.  Paragraph  next  to  last  in  Article  2  shall  read : 

;'  The  President  of  the  Patent  Office  finally  decides  in  respect  of 
motions  made  for  an  extension,  which  also  may  be  made  by  the 
manager  of  a  concern  without  his  having  received  any  instructions, 
and  ma}^  grant  a  reasonable  term  for  the  filing  of  any  certifications 
that  may  be  required." 

3.  The  first  paragraph  in  Article  3  shall  read : 

"  The  annulment  of  the  patent  shall,  on  motion,  be  declared  as  not 
effective,  if  a  tax  should  have  been  paid  within  the  period  fixed  in 
Article  1,  the  non-payment  of  which  would  result  in  the  annulment 
of  the  patent,  and  if  the  neglect  to  pay  Avas  occasioned  by  war  events 
without  fault  on  the  part  of  the  patentee  or  his  representative." 

4.  In  Article  3  there  shall  be  interpolated  as  second  paragraph : 

"  The  motion  shall  be  made  at  the  latest  within  a  month  from  the 
day  to  be  determined  by  the  decree  (Art.  1),  accompanied  by  the 
remittance  for  the  neglected  tax  payment." 

ART.  2.  Motions  for  the  extension  of  time  for  the  payment  of 
annual  taxes  that  have  fallen  due  after  July  25,  1914,  may  be  also 
granted  on  the  ground  of  motions  for  extension  of  time  that  are  filed 
within  two  months  from  the  day  of  publication  of  this  decree,  even 
after  the  publication  in  Patentblatt  to  the  effect  that  the  patent  appli- 
cation is  held  to  be  abandoned,  or  after  the  entry  in  the  Patent  Reg- 
ister of  the  extinction  of  the  patent  as  provided  in  the  decree  of 
September  2, 1914  (Reichsgesetsblatt  No,  232). 

The  reinstatement  into  the  former  status  (Art.  4  of  the  cited  de- 
cree) or  the  maintenance  of  the  patent  (Art.  3  of  the  same  decree) 
becomes  legally  effective  upon  the  grant  of  an  extension  of  time  for 
the  payment  of  taxes. 


94  AUSTRIA. 

ART.  3.  This  decree  comes  into  force  on  the  day  of  its  publication 
(May  19,  1915). 

(From  Oesterreichfeches  Patenfblatt,  June  1, 1915.) 


DESIGNS — WAR  MEASURES — DECREE  OF  JUNE  2,  1915. 

[Translation.] 

[Decree  of  the  Minister  of  Public  Works,  with  the  approval  of  the  Minister  of  Commerce, 
of  June  2,  1915,  by  virtue  of  which  in  consequence  of  the  state  of  war  exceptional  pro- 
visions are  provided  for  in  matters  pertaining  to  the  protection  of  designs.] 

On  the  ground  of  the  Imperial  decree  of  August  29,  1914  (Reichs- 
gesetzUatt,  No.  227)  (notice  of  which  see  12  P.  &  T.  M.  Kev.,  352), 
relating  to  the*  influence  of  martial  events  upon  prolongations,  terms, 
and  procedure,  it  is  decreed  as  follows : 

ARTICLE  1.  The  commencement  and  course  of  duration  of  protec- 
tion of  designs  (sec.  1  of  Art.  4  of  the  law  for  the  protection  of  designs 
of  Dec.  7,  1858,  Reichsgesetzblatt,  No.  237)  is  suspended  during  the 
period  commencing  July  26,  1914,  until  a  day  to  be  determined  upon 
by  decree. 

Consequently  there  commences,  without  prejudice  to  the  protection 
acquired  through  the  registration  of  the  design — 

1.  The  course  of  the  entire  duration  of  protection  in  respect  of  de- 
signs that  have  been  deposited  within  the  aforesaid  period; 

2.  The  course  of  that  part  of.  duration  of  protection  in  respect  of 
designs  that  have  been  deposited  prior  to  July  26,  1914,  and  which 
has  not  expired  on  that  day,  from  the  day  to  be  determined  by  decree 
(Art.  1). 

The  partial  term  of  protection  that  has  expired  prior  to  July  26, 
1914,  shall  be  reckoned  by  whole  months,  and  periods  of  less  than  a 
month  shall  not  be  computed. 

These  provisions  are  likewise  applicable  to  designs,  the  term  of 
protection  for  which  has  already  expired  in  accordance  with  Article 
4,  section  1,  of  the  law  for  the  protection  of  designs  during  the 
period  from  July  26,  1914,  until  the  beginning  of  the  operation  of 
this  decree. 

ART.  2.  The  provisions  of  Article  1  are  likewise  applicable  to  the 
term  within  which  the  part  entitled  to  the  design  has  to  utilize  the 
same  still  in  the  home  country,  and  within  which  a  sealed  deposited 
design  is  to  be  kept  secret  (Art.  9  of  the  law  for  the  protection  of 
designs).  These  provisions  are  not  applicable  to  the  term  of  secrecy 
of  a  design,  if  the  secrecy  has  been  discontinued  prior  to  the  com- 
mencement of  the  operation  of  this  decree  (Art.  9  of  the  law  for  the 
protection  of  designs) . 


AUSTRIA.  95 

ART.  3.  Persons  that  have  utilized  the  design  within  the  period 
following  the  day  whereon  the  term  of  protection,  according  to 
Article  4,  section  1,  of  the  law  for  the  protection  of  designs  has  ex- 
pired, up  to  the  coming  into  operation  of  this  decree,  may  not  be  held 
liable,  on  account  of  this  emplpyment,  and  are  entitled  to  continue 
the  use  of  the  design  in  their  own  establishments. 

ART.  4.  The  registration  shall  not  be  considered  as  having  been 
effected  and  made  retroactive  in  the  event  that  the  nullification  of  a 
right  to  a  design,  the  duration  of  which  has  been  suspended  (Art.  1) , 
has  already  been  recorded  in  the  register  for  designs.  The  design 
shall  be  transferred  from  the  public  archives  for  released  designs  to 
the  public  archives  for  protected  designs. 

ART.  5.  In  connection  with  designs,  the  one  or  two  year  term  of 
protection  of  which  has  not  as  yet  expired  on  July  26,  1914,  or  those 
that  are  deposited  within  the  period  indicated  in  paragraph  1  of 
Article  1  for  the  duration  of  protection  of  one  or  two  years,  the  term 
of  protection  may  be  prolonged  to  three  years.  This  prolongation  is 
effected  by  the  payment  of  a  fee  to  the  Chambers  of  Commerce  and 
Trade.  The  fee  amounts  to  one  krone  for  each  design  and  for  each 
year  of  additional  protection  claimed.  The  fee  shall  be  paid  before 
the  expiry  of  the  term  of  protection  that  is  to  be  reckoned  in  ac- 
cordance with  Article  1  of  this  decree  at  the  Chamber  of  Commerce 
and  Trade,  or  shall  be  paid  at  a  post  office  situated  within  the  do- 
mains. A  .prolongation  of  the  term  of  protection  to  a  third  year  is 
not  permissible  in  connection  with  a  design,  the  term  of  protection  of 
which  has  merely  been  prolonged  to  a  second  year. 

ART.  6.  This  decree  comes  into  effect  on  the  day  of  its  publication. 
(Published  June  8, 1915,  in  Oesterreiches  Reichs-Gesetzll.,  1915.) 

(From  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  June,  1915.) 


[Decree  of  June  24,  1915,  of  the  Ministry  of  Public  Works  in  accord  with  the  Ministries 
of  Commerce  and  Justice,  which  completes  that  of  24th  of  September,  1914,  establish- 
ing exceptional  provisions  in  the  matter  of  trade-marks.] 

By  virtue  of  the  Imperial  Ordinance  of  the  29th  of  August,  1914, 
concerning  the  effects  of  the  state  of  war  on  terms,  lapses,  and  pro- 
cedure, the  following  is  decreed : 

1.  For  the  renewal  of  trade-marks  which,  by  the  terms  of  para- 
graph 16  of  the  law  on  trade-marks  of  the  6th  of  January,  1890, 
should  be  renewed  beginning  from  the  26th  of  July,  1914,  in  order 
to  maintain  in  force  the  right  of  these  trade-marks,  there  is  granted 
an  extension  until  the  expiration  of  three  months,  to  be  counted  from 
the  date  which  will  be  set  by  an  ordinance. 
f)3169— 19 7 


96  AUSTRIA. 

2.  The  present  Ordinance  will  come  into  force  on  the  date  of  its 
publication.  The  Ordinance  of  December  24,  1914,  will  be  abrogated 
from  the  same  date. 

(Signed)  TRUKA,  M.  P. 

(Signed)  HOCHENBURGER,  M.  P. 

(Signed)  SCHUSTER,  M.  P. 


TRADE-MARKS — RENEWAL — PROLONGATION  OF  TERM — DECREE  OF  JUNE 

24,  1915. 

[  Translation.  ] 

[Decree  of  the  Ministry  of  Public  Works,  with  the  consent  of  the  Ministries  of  Commerce 
and  Justice,  of  June  24,  1915  (Reichsgesetzblatt,  No.  177),  relating  to  a  supplementing 
of  the  decree  of  Sept.  24,  1914  (translation  of  which  see  13  P.  &  T.  M.  Rev.,  35),  by 
virtue  of  which,  due  to  martial  complications,  exceptional  measures  are  taken  in  mat- 
ters relating  to  trade-mark  protection.] 

On  the  ground  of  the  Imperial  decree  of  August  29,  1914  (Reichs- 
gesetzblatt,  No.  227),  relating  to  the  influence  of  martial  events  upon 
days  of  grace,  fixed  terms  and  procedure  it  is  decreed  as  follows : 

ARTICLE  1.— SECTION  1.  The  decree  of  the  Ministry  of  Public 
Works,  with  the  consent  of  the  Ministries  of  Commerce  and  Justice  of 
September  24, 1914  (Reichsgesetzllatt,  No.  257) ,  shall  read : 

"A  term-up  to  three  months,  reckoned  from  the  day  to  be  fixed  by 
decree,  is  granted  for  the  renewal  of  marks  that  should  have  been 
renewed  or  are  to  be  renewed  within  the  period  commencing  from 
July  26,  1914,  in  order  to  maintain  the  trade-mark  right  in  accord- 
ance with  the  provision  of  section  16  of  the  law  for  the  protection  of 
trade-marks  of  January  6, 1890  (Reichsgesetz'blatt,  Nb.  19)." 

SEC.  2.  This  decree  comes  into  operation  on  the  day  of  publication. 

The  decree  of  December  24,  1914  (notice  of  which  see  13  P.  &  T. 
M.  Rev..  131),  is  abrogated  simultaneously. 

(From  OesterreicMsches  Patentblatt,  1915,  p.  167.) 


INDUSTRIAL  PROPERTY — PRIORITY  TERMS  UNDER  PARIS  CONVENTION- 
PROLONGATION— APPLICABLE  TO  CERTAIN  COUNTRIES — NOTIFICA- 
TION OF  DECEMBER  1,  1915. 

[Notification  of  the  Minister  of  Public  Works  of  Dec.  1,  1915,  relating  to  exceptional  pro- 
visions in  respect  of  the  terms  of  priority  fixed  under  the  Paris  Convention  for  the  pro- 
tection of  industrial  property  in  favor  of  subjects  or  citizens  of  foreign  countries.] 

[Translation.] 

On  the  ground  of  paragraph  3  of  Article  2  and  paragraph  5  of 
Article  2  of  the  decree  of  December  1, 1915  (14  P.  &  T.  M.  Rev.,  133), 
having  reference  to  exceptional  provisions  in  respect  of  the  terms  of 
priority  fixed  under  the  Paris  Convention  for  the  protection  of  indus- 


AUSTRIA.  97 

trial  property,  due  to  the  state  of  war,  the  following  notification  is 
made : 

1.  That  the  terms  of  priority  are  prolonged  in  Austria  at  present 
in  favor  of  the  subjects  or  citizens  of  the  following  countries  to  the 
extent  indicated  below  and  in  favor  of  subjects  and  citizens  of  such 
countries  as: 

Brazil,  in  respect  of  patent  and  trade-mark  applications,  insofar 
as  the  terms  have  not  expired  prior  to  August  1,  1914,  to  a  day  that 
shall  be  announced  later  on. 

Denmark,  in  respect  of  patent  applications,  insofar  as  the  terms 
have  not  expired  prior  to  August  1,  1914,  to  January  1,  1916. 

Germany,  in  respect  of  patent,  design,  and  trade-mark  applica- 
tions, insofar  as  the  terms  have  not  expired  prior  to  July  31,  1914, 
to  a  day  to  be  announced  later  on. 

Switzerland,  in  respect  of  patent  applications,  the  first  filing  of 
which  has  been  effected  in  a  foreign  country  after  July  31,  1913,  and 
in  respect  of  design  applications,  the  first  filing  of  which  has  been 
effected  after  March  31,  1914,  preliminarily  to  December  31,  1915. 

2.  That  at  the  present  time  there  is  granted  to  the  Austrian  sub- 
jects a  privilege  similar  to  that  indicated  in  the  provisions  of  Article  2 
of  the  above  mentioned  decree,  namely : 

In  Brazil  for  patent  and  trade-mark  applications. 
In  Denmark  for  patent  applications. 

In  Germany  for  patent,  design,  and  trade-mark  applications. 
In  Switzerland  for  patent  and  design  applications. 
(From  Blatt  filr'Patent-,  Muster-  und  Zeichenwesen,  Dec.  29, 1915.) 


IN  DUSTRIAL  PROPERTY — CON  VENTION — PRIORITY — RECIPROCITY  WITH 
UNITED  STATES — "  WAR  MEASURES  " — DECREE  No.  426,  OF  DECEM- 
BER 23,  1916. 

[Notice  of  the  Minister  of  Public  Works  concerning  the  exceptional  provisions  taken  in 
favor  of  citizens  of  the  United  States  of  America  on  the  subject  of  the  priority  delays 
established  by  the  International  Convention  for  the  Protection  of  Industrial  Property.  1 

[Translation.] 

By  virtue  of  section  2,  paragraph  5,  of  the  decree  of  December  1, 
1915,  (Reichsgesetzblatt,  No.  349),  fixing,  by  reason  of  the  state  of 
war,  exceptional  provisions  for  the  delays  of  priority  provided  for  by 
the  Convention  of  Paris  for  the  Protection  of  Industrial  Property,  it 
is  declared  that  in  the  United  States  of  America  there  is  granted  to 
Austrian  subjects,  for  patent  applications  and  deposits  in  matters  of 
designs,  models,  and  trade-marks,  a  facility  analagous  to  that  pro- 
vided for  by  section  2  of  the  above  cited  decree. 

(Signed)  TRUKA,  M.  P. 

(From  33  La  Propriete  Industrielle,  2,  of  Jan.  31, 1917.) 


98  AUSTRIA. 

PATENTS — DELIVERY    MAY    BE     SUSPENDED—"  WAR    MEASURES  "— 
DECREE  No.  82,  OF  MARCH  24,  1916. 

[Translation.] 

[Decree  issued  by  the  Minister  of  Public  Works  in  agreement  with  the  Minister  of  Na- 
tional Defense  concerning  the  suspension  of  procedure  for  the  delivery  of  patents  of 
invention  (N<?.  82,  of  Mar,  24,  1916).] 

By  virtue  of  the  Imperial  Decree  of  August  29, 1914  (Reiclisgesetz- 
lilatt,  No.  227),  concerning  the  effects  of  the  state  of  war  on  terms, 
expirations,  and  procedure,  the  following  is  decreed : 

SECTION  1.  (1)  The  procedure  for  the  delivery  of  patents  may  be 
suspended  by  the  Patent  Office  in  the  interest  of  national  defense  or 
in  any  other  public  interest  for  the  duration  of  the  present  war. 

(2)  The  suspended  procedure  shall  be  resumed  at  latest  on  a  date 
that  shall  be  fixed  by  a  later  decree. 


PATENTS — FOREIGN   APPLICATIONS — PROHIBITION    OF   DISCLOSURE  TO 
ENEMY — OFFICIAL  CIRCULAR  OF  MAY  1,  1916. 

[Translation.] 

[Circular  of  the  Ministry  of  National  Defense  concerning  patent  applications  and  work- 
ings in  neutral  and  enemy  countries    (May  1,   1916).] 

The  improvements  of  means  of  war  and  the  provisioning  of  popu- 
lations in  indispensable  products  are  facilitated  in  a  great  measure 
by  technical  inventions.  The  State,  therefore,  has  a  greater  interest 
not  only  in  that  inventions  produced  in  this  domain  be  placed  at  the 
disposal  of  the  authorities  charged  with  the  conduct  of  the  war  and 
of  public  economy,  but  likewise  in  that  they  remain  hidden  from  our 
enemies.  It  is  for  this  reason  that  there  is  need  to  prevent  as  much  as 
possible  that  they  be  known  in  enemy  countries,  or  even  in  neutral 
countries,  wherefrom  they  might  be  communicated  easily  to  our 
enemies.  It  is,  in  consequence,  in  the  interest  of  the  country  that, 
for  the  duration  of  the  war,  there  be  no  applications  filed  in  neutral 
or  enemy  countries  for  patents  for  the  class  of  inventions,  whereof 
it  is  a  question.  Whoever  solicits  in  these  countries  protection  for 
inventions  of  this  class,  or  collaborates  in  such  applications ;  whoever, 
by  assigning  such  inventions,  makes  possible  the  application  in  these 
States,  violates  his  most  sacred  patriotic  duties  and  becomes  liable  in 
addition,  according  to  the  circumstances,  to  penal  prosecution  based 
on  sections  327  to  329  of  the  Military  Penal  Code.  According  to  these 
provisions,  he  commits  a  crime,  liable  to  a  heavy  penalty,  against  the 
military  power  of  the  State,  who  renders  himself  guilty  of  an  act  or 
of  an  omission  susceptible  of  injuring  the  military  power  of  the  State 
or  of  an  allied  army,  or  of  giving  advantage  to  the  enemy.  . 


AUSTRIA.  99 

For  these  same  reasons,  it  is  incumbent  on  all  those  interested  to 
cease  validifying,  and,  particularly,  working  in  enemy  or  neutral 
countries  their  inventions  protected  by  patents,  when  they  are  of 
military  and  economic  importance  whereof  mention  is  above  made. 

Persons  that  have  intention  to  file  patent  applications  in  enemy  or 
neutral  countries,  or  who  are  interested  in  the  validation,  and,  par- 
ticularly, in  the  working  of  inventions  patented  in  these  States,  shall 
be  able  to  inquire  whether  the  invention  has  the  character  above  in- 
dicated of  the  Committee  called :  "  Prlif  ungskommission  f  iir  den  Aus- 
landschriftenverkehr  in  Sachen  des  Gewerblichen  Rechtsschutzes " 
(k.  u.  k.  Technisches  Militar-Komitee,  Wien  VI,  Getreidmarkt  9). 
Those  interested  have  thus  the  opportunity  to  be  instructed  very 
clearly  as  to  bearing  of  their  acts. 

(From  32  La  Propriete  IndustrieUe,  53.) 


INDUSTRIAL  PROPERTY — ALIEN  ENEMIES — "  WAR  MEASURES  " — DECREE 

No.  258,  OF  AUGUST  16,  1916. 

• 

[Translation.] 

[Decree  of  the  Ministry  in  Plenary  Council  concerning  reprisal  measures  in  the  domain 
of  industrial  property  (No.  258,  of  Aug.  16,  1916).] 

By  virtue  of  Article  31  of  the  Patent  Law  of  January  11,  1897 
(Reichsgesetzblatt,  No.  30),  and  of  Article  1  of  the  Imperial  Decree 
of  October  16,  1914  (Reiclisgesetzblatt,  No.  289),  concerning  meas- 
ures for  reprisal  in  legal  and  economic  matters  affected  by  the 
present  state  of  war,  it  is  decreed,  by  virtue  of  the  right  of  reprisal,  as 
follows : 

ARTICLE  1.  (1)  The  Minister  of  Public  Works  may  order,  on  peti- 
tion, in  the  public  interest,  the  restriction  and  suppression  of  patents 
and  of  rights  in  matters  of  designs  and  trade-marks  belonging  to 
subjects  of  France  and  Great  Britain.  He  may,  in  particular,  grant 
to  third  parties  rights  to  the  enjoyment  of  these  rights. 

(2)  The  decision  may  be  modified  or  revoked  at  any  time.     It 
becomes  effective,  if  another  date  is  not  fixed,  the  day  on  which  it 
has  been  rendered.     A  retroactive  effect  may  be  given  thereto.     It 
shall  be  effective  likewise  as  regards  the  successor  to  the  right  of 
the  party  entitled  (the  owner  of  the  patent,  or  those  entitled  to  the 
design,  or  trade-mark)  against  whom  it  has  been  rendered. 

(3)  The  transfer  to  third  parties  of  the  right  of  use  granted  is 
valid  only  with  the  consent  of  the  Minister  of  Public  Works.    This 
assent  is  not  necessary  when  the  right  of  use  is  transferred  to  the 
Military  Administration  or  to  the  State  Government  or  by  this  latter 
to  others. 


100  AUSTRIA. 

(4)  Claims  resulting  from  the  grant  of  rights  of  use  against  per- 
sons in  whose  favor  the  decision  has  been  made  shall  be  legally 
enforced  by  the  Administration  of  the  State. 

(5)  Sums  of  money  that  are  to  be  paid  in  accordance  with  the 
decision  shall  be  paid  into  the  treasury  of  the  Patent  Office.     The 
Minister  of  Public  Works,  with  the  consent  of  the  Minister  of  Finance, 
shall  dispose  of  these  payments  by  decree. 

ART.  2.  (1)  The  Minister  of  Public  Works  may  order,  on  petition, 
the  restriction  and  annulment  of  patents  belonging  to  subjects  of 
Russia.  He  may,  in  particular,  grant  to  third  parties,  under  condi- 
tions to  be  fixed  by  him,  rights  for  the  utilization  of  these  privileges. 

(2)  The  provisions  of  Article  1,  paragraphs  2  and  5,  are  applicable. 

ART.  3.  (1)  A  petition  based  on  Articles  1  and  2  shall  be  rejected 
when  it  is  proven : 

1.  That  a  person  not  a  subject  of  one  of  the  enemy  States  named 
in  Articles  1  and  2  is  joint  owner  of  the  right,  or 

2.  That  there  exists  in  this  privilege  a  right  of  use  granted — to 
the  exclusion  of  other  parties  entitled  to  the  use — to  a  person  that 
does  not  belong  to  any  of  these  countries,  and  that  this  legal  situation 
(pars.  1  and  2)  became  effective  before  the  date  on  which  a  state  of 
war  with  the  country  in  question  commenced.     (See  Art.  8.) 

(2)  The  existence  of  a  right  of  utilization  may  be  announced  to 
the  Ministry  of  Public  Works,  to  be  taken  into  consideration  in  the 
event  of  a  decision  to  be  rendered  in  accordance  with  Articles  1  and  2. 

ART.  4.  (1)  The  Minister  of  Public  Works  may,  on  petition,  for 
the  public  interest,  order  the  suppression  of  the  rights  of  use  that 
exist  in  favor  of  subjects  of  France,  Great  Britain,  and  Russia  as 
to  patents. 

(2)  The  decision  becomes  effective,  if  another  date  has  not  been 
fixed,  the  day  on  which  it  has  been  rendered.  A  retroactive  effect 
may  be  given  thereto. 

ART.  5.  For  the  procedure  relative  to  petitions  based  on  Articles  1, 
2,  and  4  the  following  is  provided : 

1.  The  petition  must  be  presented  in  writing  to  the  Minister  of 
Public  Works. 

2.  The  petition  is  subject,  if  it  is  not  presented  by  the  Military  Ad- 
ministration or  by  the  State,  to  a  tax  of  fifty  crowns  for  each  right 
against  which  it  is  directed.    The  fee  must  be  paid  into  the  Treasury 
of  the  Patent  Office.     « 

3.  If  the  Minister  of  Public  Works  does  not  reject  the  petition, 
without  the  introduction  of  procedure,  a  copy  of  the  petition  and  of 
its  accompanying  papers  shall  be  sent  to  the  party  interested,  for 
the  production  of  his  response  within  the  term  that  shall  be  fixed 
therefor.    The  petitioner  shall  furnish  the  requisite  number  of  copies 


AUSTRIA.-  101 

of  the  petition  and  of  the  accompanying  papers.  If  the 'party  inter- 
ested has  no  place  of  residence  in  the  country,  or  no  representative 
of  his  is  known  to  be  domiciled  in  the  country,  decision  may  be  given 
on  the  petition  without  the  interested  party  having  been  heard. 

4.  For  probatory  procedure,  the  provisions  that  regulate  probatory 
procedure  in  actions  for  the  revocation  of  patents  shall  be  operative. 
The  fulfillment  of  probatory  procedure  may  be  intrusted  in  whole  or 
in  part  to  the  Patent  Office.     In  this  case,  the  President  of  the  Patent 
Office  shall  designate  a  member  of  this  office  who  shall  conduct  the 
procedure. 

5.  The  duration  for  official  terms  shall  be  fixed  after  due  considera- 
tion. 

6.  The  decree  of  the  Ministry  in  Plenary  Council  of  September  15, 
1914  (Reichsgesetzblatt,  No.  245),  is  not  applicable. 

7.  When  notification  is  to  be  given  to  a  person  that  does  not  reside 
within  the  country,  or  whose  address  is  unknown,  the  publication 
in  the  O esterreichisches  Patentblatt  of  the  essential  contents  of  the 
notification  to  be  made  may  be  ordered.    This  publication  shall  have 
the  same  effects  as  the  notification. 

8.  The  procedure  relative  to  an  application  for  the  suppression  of 
u  right  may  be  continued  officially  after  the  withdrawal  of  the  appli- 
cation. 

9.  Nothing  shall  be  allowed  to  those  interested  for  their  expenses  in 
the  action  and  for  representation. 

10.  The  petition  and  the  final  decision  that  shall  be  given  thereto, 
as  well  as  the  transfer  of  use  granted,  shall  be  recorded  in  the  register 
(of  patents,   designs,   or  trade-marks),   and   published   in    Oester- 
reichiscTws   Patentblatt,   and,   in    addition,   in   Zentralmarken-An- 
zieger,  if  it  be  a  matter  of  trade-mark  rights. 

ART.  6.  (1)  The  grant  of  patents  to  subjects  of  France,  Great 
Britain,  Italy,  and  Russia  is  postponed.  Patent  applications  from 
subjects  of  these  States  shall  be  received. 

(2)  The  President  of  the  Patent  Office  may  decide  whether,  and 
to  what  extent,  independently  of  the  provisions  of  the  first  paragraph, 
the  procedure-  relative  to  patent  applications  emanating  from  sub- 
jects of  the  countries  mentioned  in  the  first  paragraph,  and  relative 
to  other  matters  pending  before  the  Patent  Office  and  in  which  sub- 
jects of  these  countries  are  interested,  shall  be  interrupted 

(3)  The  registration  of  designs  and  trade-marks  for  subjects  of 
France,  Great  Britain,  Italy,  and  Russia  remains  suspended.    Appli- 
cations for  the  registration  of  designs  and  trade-marks  shall  be  re- 
ceived from  subjects  of  these  States. 

(4)  These  provisions  are  not  applicable  to  the  deposit  of  applica'- 
tions  for  patents,  designs,  and  trade-marks,  in  which  persons  that  do 
not  belong  to  any  of  the  countries  designated  in  above  paragraphs  1 


102  AUSTRIA. 

and  3  are  interested  as  joint  applicants,  if  this  legal  situation  oc- 
curred prior  to  the  date  whereon  the  state  of  war  with  the  country 
in  question  took  place.  (See  Art.  8.) 

ART.  7.  (1)  The  provisions  of  the  present  decree  shall  apply  also 
to  the  rights  and  applications  that  have  been  transferred  by  subjects 
of  the  enemy  countries  in  question  after  the  date  on  which  the  state 
of  war  with  the  country  in  question  commenced  (Art.  8)  to  subjects  of 
other  States  or  to  natives  of  this  country. 

(2)  The  enforcement  of  the  provisions  of  the  present  decree  shall 
not  be  prevented  by  the  fact  that,  in  order  not  to  disclose  the  nation- 
ality of  a  subject  of  an  enemy  country,  the  name  of  a  subject  of 
another  State  or  a  native  of  this  country  is  substituted. 

ART.  8.  The  day  on  which  the  war  broke  out  is  reckoned  to  be,  as 
to  Russia,  August  5, 1914,  France  and  Great  Britain,  August  13, 1914, 
and  as  to  Italy,  May  24, 1915. 

ART.  9.  The  subjects  of  the  enemy  countries  named  in  the  present 
decree  include  the  subjects  of  their  colonies  and  possessions. 

ART.  10.  (1)  If  another  nationality  is  not  proven,  a  person  is  con- 
sidered to  be  a  subject  of  the  State,  colony,  or  possession  in  whose 
domain  he  has  domicile. 

(2)  Legal  persons  and  corporations  are  included  among  the  sub-, 
jects  of  the  State  colony,  and  possession  in  whose  territory  they  are 
domiciled. 

(3)  In  so  far  as  it  is  a  question  of  the  rights  designated  in  Articles 
1 ,  2,  and  4,  active  establishments  or  branch  establishments  of  commer- 
cial undertakings,  coming  within  the  scope  of  the  provisions  of  the 
present  decree,  that  are  directed  or  supervised  from  those  States,  or 
from  their  colonies  and  possessions,  or  whose  profits  are  to  be  remitted 
there  in  whole  or  in  part,  or  whose  capital  belongs  in  whole  or  in 
part  to  subjects  of  those  States,  their  colonies,  and  possessions,  what- 
ever may  be  their  domicile,  are  placed  on  a  par  with  subjects  of 
France,  Great  Britain,  and  Russia. 

ART.  11.  The  present  decree  shall  become  effective  the  day  of  its 
publication.  The  Minister  of  Public  Works  is  authorized  to  abrogate 
it  in  whole  or  in  part. 

(Signatures  of  Ministers  in  Plenary  Council.) 

(From  32  La  Propriete  IndustrieUe,  102,  of  Sept.  30, 1916.) 

INDUSTRIAL   PROPERTY — ALIEN   ENEMIES — "WAR   MEASURES "- 
RULES — OFFICIAL  CIRCULAR — EFFECTIVE  AUGUST  17,  1916. 

[Translation.] 

[Circular  concerning  the  provisions  that  authorize  the  notification  to  the  Ministry  of 
Public  Works  of  the  rights  of  use  as  to  patents,  designs,  and  trade-marks  that  belong 
to  subjects  of  enemy  countries.] 

In  accordance  with  the  decree  of  the  Ministry  in  Plenary  Council 
of  August  16,  1916,  No.  258,  concerning  measures  for  reprisal  in  the 


AUSTRIA.  103 

domain  of  industrial  property,  the  Minister  of  Public  Works  may  or- 
der on  petition  in  the  public  interest  the  restriction  and  annulment 
of  patents  and  of  rights  in  matters  of  designs  and  trade-marks  be- 
longing to  subjects  of  France  and  Great  Britain.  He  may  in  addi- 
tion, on  petition,  order  the  restriction  and  annulment  of  patents  be- 
longing to  subjects  of  Eussia.  However,  such  a  petition  must  be 
rejected  when  it  is  proven  that  there  exists  to  this  contested  right  a 
right  of  use  granted — to  the  exclusion  of  other  parties  entitled  to 
use — to  a  person  that  does  not  belong  to  one  of  these  countries,  and 
that  this  legal  situation  took  place  prior  to  the  date  whereon  the 
state  of  war  with  the  country  in  question  commenced.  The  existence 
of  such  right  of  utilization  may  be  announced,  for  purposes  of  con- 
sideration, to  the  Ministry  of  Public  Works,  in  order  that  a  decision 
be  rendered  on  the  petition  that  will  be  presented.  It  will  therefore 
be  to  the  advantage  of  parties  interested  to  announce  the  existence 
of  such  rights  as  soon  as  possible  to  the  Ministry  of  Public  Works,  to 
the  end  that  this  latter  be  in  position,  when  it  shall  issue  its  decree 
on  the  eventful  petition  for  annulment  or  restriction  of  the  private 
right  with  regard  to  which  the  right  of  use  has  been  granted,  to  take 
into  consideration  this  right  of  use,  even  when  the  Ministry  would 
not  obtain  knowledge  thereof  through  statements  that  the  parties 
will  make  during  the  course  of  the  procedure  concerning  the  peti- 
tion. This  application  should  be  made  by  means  of  a  brief  stamped 
one  crown  per  sheet,  and  shall  contain  an  exact,  indication  of  the 
patent,  design,  or  trade-mark,  in  accordance  with  the  number  that 
it  bears  in  the  corresponding  register  (register  of  patents,  designs, 
and  trade-marks).  It  is  not  necessary  to  furnish  other  details  con- 
cerning the  right  of  use,  nor  produce  documents,  inasmuch  as  the 
proof  of  this  right  need  be  shown,  not  at  the  time  of  the  application, 
but  only  in  the  procedure  relative  to  the  petition  for  suppression  or 
restriction  of  the  private  right  regarding  which  attempt  is  made  to 
secure  the  right  of  use.  For  persons  that  are  not  domiciled  in  the 
country,  it  is  recommended  that  they  name,  for  this  application,  a 
special  attorney  resident  in  the  country. 

(From  32  La  Propriete  Industrielle,  102,  of  Sept.  30,  1916.) 


BELGIUM. 

[Law  of  the  24th  of  May,  1854,  omitting  transitory  provisions.] 

ARTICLE  1.  Exclusive  and  temporary  rights  shall  be  granted,  under 
the  name  of  patents  of  invention,  of  improvement,  or  of  importation, 
for  every  discovery  or  every  improvement  capable  of  being  worked 
as  an  article  of  industry  or  of  commerce. 

ART.  2.  Patents  will  be  granted  without  previous  examination  at 
the  risk  and  peril  of  the  applicants,  without  guarantee  either  of  the 
reality,  or  of  the  novelty,  or  o.f  the  merit  of  the  invention,  or  of  the 
correctness  of  the  description,  and  without  prejudice  to  the  rights  of 
third  parties. 

ART.  3.  The  duration  of  patents  is  fixed  at  twenty  years,  except  in 
the  case  provided  for  in  Article  14.  It  shall  commence  from  the  day 
on  which  the  memorandum  mentioned  in  Article  18  shall  have  been 
drawn  up. 

There  shall  be  paid  for  every  patent  an  annual  and  progressive 
tax  as  follows:  Francs 

First   year 10 

Second  year 20 

Third  year 30 

and  so  on  until  the  twentieth  year,  for  which  the  tax  shall  be  200 
francs.  The  tax  shall  be  paid  in  advance,  and  in  no  case  shall  it  be 
returned. 

No  tax  shall  be  required  for  patents  of  improvement  when  they 
are  granted  to  the  owner  of  the  principal  patent. 

ART.  4.  Patents  confer  on  their  owners,  or  persons  entitled  through 
them  (leur  ay  ant  droits),  the  exclusive  right: 

(a)  Of  working  the  patented  article  for  their  profit,  or  causing  it 
to  be  worked  by  those  whom  they  may  authorize. 

(b)  Of  prosecuting  before  the  tribunals  those  persons  who  may 
attack  their  rights  either  by  the  manufacture  of  the  products  or  the 
use  of  means  included  in  the  patent,  or  holding,  selling,  exposing  for 
sale,  or  importing  into  Belgian  territory  one  or  several  infringing 
articles. 

ART.  5.  If  the  persons  prosecuted  by  virtue  of  Article  4  (b)  have 
acted  knowingly,  the  tribunals  shall  pronounce  for  the  benefit  of  the 
patentee,  or  of  persons  entitled  through  him,  the  confiscation  of  ar- 
ticles-manufactured in  contravention  of  the  patent,  and  the  instru- 
ments and  utensils  specially  destined  for  their  manufacture,  or  allow 
a  sum  equal  to  the  price  of  the  articles  which  may  have  been  already 
sold. 

104 


BELGIUM.  105 

If  the  persons  prosecuted  have  acted  in  good  faith,  the  tribunals 
shall  prohibit  them  under  the  above-mentioned  penalties  from  using 
with  a  commercial  object  the  machines  and  apparatus  of  production 
found  to  be  infringements,  and  from  making  use  for  the  same  pur- 
pose of  the  instruments  and  utensils  for  manufacturing  the  articles 
patented. 

In  the  one  case  and  the  other  damages  may  be  granted  to  the  pat- 
entee or  to  persons  entitled  through  him. 

ART.  6.  The  owners  of  patents,  or  persons  entitled  through  them, 
may,  with  the  authorization  of  the  president  of  the  tribunal  of  first 
instance  obtained  on  petition,  cause  the  inventory  of  the  apparatus, 
machines,  and  articles  said  to  be  infringements,  to  be  made  by  one  or 
several  experts. 

The  president  may  by  the  same  order  prohibit  the  holders  of  the 
said  articles  from  parting  with  them,  and  allow  the  patentee  to  ap- 
point a  guardian,  or  even  place  the  articles  under  seal. 

The  order  shall  be  served  by  an  officer  appointed  for  that  purpose. 

ART.  7.  The  patent  shall  be  annexed  to  the  petition,  which  shall 
contain  election  of  domicile  in  the  commune  where  the  inventory  has 
to  be  made.  The  experts  appointed  by  the  president  shall  be  sworn 
by  him,  or  by  the  justice  of  the  peace  specially  authorized  by  kirn  for 
the  purpose,  before  commencing  their  operations. 

[NOTE. — The  words  in  italics  were  introduced  by  the  law  of  Mar.  27,  1857.] 

ART.  8.  The  president  may  impose  on  the  patentee  the  obligation 
of  depositing  security.  In  that  event  the  order  of  the  president 
will  only  be  delivered  on  proof  of  the  deposit  having  been  made. 

[NOTE. — The  latter  part  of  the  original  article  was  repealed  by  the  law  of 
July  5,  1884.] 

******  * 

ART.  9.  The  patentee  may  be  present  at  the  inventory  if  he  is  speci- 
ally authorized  by  the  president  of  the  tribunal. 

ART.  10.  If  the  doors  are  closed,  or  should  their  opening  be  refused, 
the  procedure  shall  be  in  conformity  with  Article  587  of  the  Code  of 
Civil  Procedure. 

ART.  11.  A  copy  of  the  official  report  of  the  inventory  shall  be  left 
with  the  holder  of  the  articles  inventoried. 

ART.  12.  If  within  a  week  the  inventory  is  not  followed  up  by  a 
summons  before  the  tribunal  in  the  jurisdiction  of  which  the  invent- 
ory was  made,  the  order  issued  in  conformity  with  Article  6  shall, 
cease  to  have  effect,  and  the  holder  of  the  articles  inventoried  may 
claim  the  surrender  of  the  original  official  report,  with  prohibition  to 
the  patentee  of  making  use  of  or  publishing  its  contents,  all  without 
prejudice  to  any  damages. 

ART.  13.  The  tribunals  shall  take  cognizance  of  matters  relating 
to  patents  as  of  summary  and  urgent  business. 


106  BELGIUM. 

ART.  14.  The  author  of  a  discovery  already  patented  abroad  may 
obtain  by  himself  or  by  his  assigns  a  patent  of  importation  in  Bel- 
gium. The  duration  of  this  patent  shall  not  exceed  that  of  the  patent 
previously  granted  abroad  for  the  longest  term,  and  in  no  case  the 
limit  fixed  by  Article  3. 

ART.  15.  In  the  event  of  modifications  in  the  object  of  the  discov- 
ery, a  patent  of  improvement  may  be  obtained  which  shall  terminate 
at  the  same  time  as  the  original  patent. 

However,  if  the  owner  of  the  new  patent  is  not  the  original  pat- 
entee, he  can  not,  without  the  consent  of  the  latter,  make  use  of  the 
original  discovery,  and  reciprocally  the  original  patentee  can  not 
work  the  improvement  without  the  consent  of  the  owner  of  the  new 
patent. 

ART.  16.  Patents  of  importation  and  of  improvement  confer  the 
same  rights  as  patents  of  invention. 

ART.  17.  Every  person  who  wishes  to  take  out  a  patent  shall  be 
bound  to  deposit  under  seal  in  duplicate  at  the  registry  of  one  of  the 
provincial  governments  of  the  kingdom,  or  at  the  office  of  a  district 
commissary,  complying  with  the  formalities  which  will  be  settled  by 
a  royal  decree,  a  clear  and  complete  description  in  one  of  the  lan- 
guages used  in  Belgium,  and  an  exact  drawing  to  a  metrical  scale  of 
the  object  of  the  invention. 

No  deposit  shall  be  received  without  the  production  of  a  receipt 
proving  the  payment  of  the  first  annuity  of  the  tax  on  the  patent. 

A  memorandum  setting  out  the  day  and  the  hour  of  the  delivery 
of  the  papers,  drawn  up  without  charge  by  the  provincial  registrar 
or  by  the  district  commissary  in  a  register  kept  for  this  purpose, 
and  signed  by  the  applicant,  shall  prove  each  deposit. 

ART.  18.  The  legal  date  of  the  invention  is  proved  by  the  mem- 
orandum drawn  up  at  the  time  of  the  deposit  of  the  application  for 
the  patent. 

A  duplicate  of  this  memorandum  will  be  given  without  charge  to 
the  depositor. 

ART.  19.  A  decree  of  the  Minister  of  the  Interior,  verifying  the 
fulfillment  of  the  prescribed  formalities,  will  be  delivered  without 
delay  to  the  depositor,  and  shall  constitute  his  patent.  Extracts 
from  this  decree  will  be  inserted  in  the  Moniteur. 

ART.  20.  The  specifications  of  patents  granted  shall  be  published 
verbatim  or  in  substance  by  the  administration  in  a  special  collec- 
tion three  months  after  the  grant  of  the  patent.  When  the  patentee 
shall  require  a  complete  publication  or  that  of  an  extract  supplied 
by  him,  the  publication  shall  be  made  at  his  cost. 

After  the  same  term  the  public  shall  likewise  be  allowed  to  see  the 
specifications,  and  copies  of  them  may  be  obtained  on  paying  the 
cost. 


BELGIUM.  107 

ART.  21.  Every  transfer  of  patent  by  act  inter  vivos  or  testamentary 
shall  be  registered,  the  fixed  tax  being  10  francs. 

ART.  22.  When  the  tax  -fixed  by  Article  3  shall  not  have  ~been  paid 
within  a  month  of  coining  due,  the  owner,  after  previous  notice,  shall, 
under  penalty  of  being  deprived  of  the  rights  which  his  title  con- 
fers upon  him,  pay,  before  the  expiration  of  six  months  from  the 
date  at  which  the  tax  was  due,  the  sum  of  10  francs,  in  addition  to 
the  annuity  payable.  Forfeiture  of  patents  shall  be  published  in 
the  Moniteur. 


E.  —  The  original  article  was  repealed,  and  the  words  in  italics  substi- 
tuted by  the  law  of  Mar.  27,  1857.  ] 

ART.  23.  The  owner  of  a  patent  must  work  the  patented  article  or 
cause  it  to  be  worked  in  Belgium  within  one  year  from  the  com- 
mencement of  working  abroad. 

Nevertheless  the  Government  may,  by  a  royal  decree  stating 
reasons,  inserted  in  the  Moniteur  before  the  expiration  of  that  term, 
grant  a  prolongation  of  one  year  at  most. 

At  the  expiration  of  the  first  year,  or  of  the  extension  which  may 
have  been  granted,  the  patent  shall  be  annulled  by  a  royal  decree. 

The  annulment  shall  likewise  be  pronounced  when  the  patented  ar- 
ticle, worked  abroad,  shall  have  ceased  to  be  worked  in  Belgium 
during  the  year,  unless  the  owner  of  the  patent  justifies  the  causes  of 
his  inaction. 

ART.  24.  A  patent  shall  be  declared  void  by  the  tribunals  for  the 
following  reasons: 

(a)  When  it  shall  be  proved  that  the  patented  article  has  been 
employed,  put  into  use  or  worked,  by  a  third  party  within  the  king- 
dom for  a  commercial  purpose,  before  the  legal  date  of  the  invention, 
importation  or  improvement. 

•(&)  When  the  patentee  in  the  description  annexed  to  his  applica- 
tion shall  intentionally  have  omitted  to  make  mention  of  a  part  of 
his  secret,  or  shall  have  indicated  it  in  an  incorrect  manner. 

(o)  When  it  shall  be  proved  that  the  complete  description  and 
exact  drawings  of  the  patented  article  were,  prior  to  the  date  of  the 
deposit,  brought  out  in  a  work  or  printed  and  published  collection, 
unless  as  regards  patents  of  importation  that  publication  may  be  ex- 
clusively the  result  of  a  legal  requirement. 

ART.  25.  A  patent  of  invention  shall  be  declared  void  by  the  tri- 
bunals in  the  event  of  the  article  for  which  it  was  granted  having 
been  previously  patented  in  Belgium  or  abroad. 

However,  should  the  applicant  possess  the  qualification  required  by 
Article  14,  his  patent  can  be  maintained  as  a  patent  of  importation 
according  to  the  terms  of  the  said  article. 

These  provisions  shall,  the  case  arising,  be  applied  to  patents  of 
improvement. 


108  BELGIUM. 

ART.  26.  When  the  nullity  or  forfeiture  of  a  patent  shall  have  been 
pronounced  according  to  the  terms  of  Articles  24  and  25,  by  judg- 
ment or  final  decree,  the  cancellation  of  the  patent  shall  be  pro- 
claimed by  a  royal  decree. 

The  following  are  approved : 

I.  The  additional  act  modifying  the  Convention  of  the  20th  of 
March,  1883,  and  the  annexed  protocol,  and  concluded  at  Brussels  on 
the  14th  of  December,  1900,  between  Belgium,  Brazil,  Denmark,  the 
Dominican  Republic,  Spain,  the  United  States  of  America,  France, 
Great  Britain,  Italy,  Japan,  Norway,  the  Netherlands,  Portugal, 
Servia,  Sweden,  Switzerland  and  Tunis. 


BELGIUM— WAR  LEGISLATION. 

Belgium  (German  Occupation). 

PATENTS — WORKING — "  AVAR  MEASURES  " — OFFICIAL  STATEMENT. 

[Translation.! 

L  Principles  applied  in   matters   concerning   the   avoidance   of   Belgian   patents   that   havt, 
not  been  worked  within  the  prescribed  term.] 

According  to  a  communication  from  the  Chief  of  Administration 
attached  to  the  Governor  General  of  Belgium,  the  following  prin- 
ciples are  applied  in  matters  concerning  Belgian  patents  that  have 
not  been  worked  within  the  prescribed  verm : 

(1)  There  are  no  judicial  or  administrative  tribunals  qualified  to 
pronounce  the  avoidance  of  patents,  other  than  the  Government,  and, 
for  the  moment,  the  Governor  General. 

(2)  According  to  the  revised  Convention  of  Paris  of  June  2,  1911, 
to  which  Belgium  has  adhered,  a  patent  may  be  stricken  with  avoid- 
ance for  reason  of  non-working  only  after  a  term  of  three  years 
counted  from  the  deposit  of  the  application,  and  only  in  case  the 
patentee  shall  not  justify  the  reasons  of  his  inaction. 

(3)  If  the  non- working  of  the  patent  is  due  to  a  case  of  force 
majeure,  there  shall  be  no  reason  for  pronouncing  its  avoidance. 
The  war  shall  be  considered  as  a  case  of  force  majeure. 

(4)  In  administrative  practice,  the  proof  that  patents  have  been 
worked  is  not  required  in  general.    If,  in  exceptional  cases,  this  proof 
is  looked  upon   as  necessary,   it  is  the   Administration  that   shall 
initiate  the  procedure.     This  latter  shall  then  render  its  decision 
by  keeping  in  view  all  the  circumstances. 

(Translated  from  33  La  Propriete  Ind-ustrielle,  June,  1917,  p.  70, 
which  credits  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  1916, 
p.  128.) 

[Law  of  the  9th  of  December,  1901,  so  far  as  it  relates  to  patents.] 


BELGIUM.  109 

[Letter  of  Mar.  25,  1915,  filing  of  patent  applications  and  payment  of  taxes  on  patents 

.in  occupied  Belgium.] 

The  International  Bureau  has  received  from  the  Department  of  the 
Interior  of  the  German  Empire  the  following  communication: 

BERLIN  W.  8, 
Wilhelm  Strasse  74,  March  25,  1915. 

Under  the  title  "  Belgium  "  the  "  Propriete  industrielle  "  of  31st  of  December, 
1914,  published  on  page  162,  column  3,  a  note  regarding  which  I  have  the 
honor  to  communicate  to  you  as  follows:  Patent  applications  can  be  filed  in 
Belgium  now  as  before,  in  conformity  with  provisions  of  the  Belgian  law  of  the 
24th  of  May,  1854<  The  chancelleries  of  the  new  provincial  administration 
continue  to  function  and  their  registrars  to  receive  patent  applications.  Taxes 
are  paid  as  formerly  through  the  receiver  of  registrations;  in  Brussels  the 
qualified  receiver  is  the  receiver  of  various  other  taxes,  Rue  de  Musee  No.  4. 
The  Registrar  of  Patents  and  the  Patent  Office  have  not  left  Brussels,  and  the 
activities  of  the  office  continue  without  interruption.  At  present  the  Director 
General  can  make  use  of  the  power  which  was  previously  conferred  upon  him 
to  grant  patent  applications. 

By  °rder :  ( Signed )  JONQUIERES. 


Belgium. 

PATENTS — GRANTS — MINISTERIAL,  STATEMENT. 

The  Belgian  Minister  of  Industry  and  Labor  at  Sainte-Adresse  (Le 
Havre)  requests  us  to  publish  the  following  statement: 

The  Belgian  Government  formally  protests  against  the  affirmation 
of  the  German  Government,  according  to  which  patents  may  at  the 
present  time,  as  in  the  past,  be  delivered  through  the  intermediary 
of  the  Bureau  of  Industrial  Property  of  Brussels. 

Patents  are.  granted  through  ministerial  decision;  the  Minister 
alone  has  the  power  to  grant  them. 

And  there  can  be  no  question  of  substituting  the  German  authority 
for  the  Belgian,  the  act  of  delivery  of  patents  not  being  among  those 
that  an  invader  may  validly  impose  during  the  term  of  his  occu- 
pation. 

The  Belgian  Government  reminds  that  an  office  for  the  reception, 
of  patent  applications  has  been  organized  by  it  in  tfye  Bureaus  of 
Ministry  of  Industry  and  Labor  at  Sainte-Adresse  (le  Havre),  and 
that  patent  taxes  may  be  paid  at  the  Belgian  Ministry  of  Finances  at 
Sainte-Adresse. 

(Translation  from  La  Propriete  Industrielle^  May,  1915.) 

INDUSTRIAL  PROPERTY — TAXES — SOVEREIGNTY — STATUS. 

Private  advices  from  Berlin,  as  we  go  to  press,  referring  to  the 
payment  of  taxes  in  Belgium  regarding  which  notice  appeared  in  12 
P.  &  T.  M.  Rev.,  give  assurance  that  taxes  can  not  be  paid  to  German 


110  BELGIUM. 

officials.  It  is  stated  that  "  only  the  Post  Office  at  Brussels  is  con- 
trolled by  the  German  Post  Office,  but  not  in  any  other  Belgian  towns 
so  far." 

PATENTS — TAXES — TEMPORARY  RELIEF — DECREE  OF  SEPTEMBER  7,  1914. 

[Translation.] 
[Royal  decree  concerning  the  payments  of  patent  taxes,  Sept.   2,   1914.] 

In  view  of  Article  1  of  the  Royal  Decree  of  May  7, 1900,  which  pro- 
vides that  "the  payment  of  the  first  annuity  of  the  tax  established 
by  Article  3  of  the  law  of  May  24,  1854,  shall  be  made  at  the  Office 
of  Registry  charged  with  the  collection  of  the  general  revenue, 
established  in  the  seat  of  a  provincial  government  or  of  a  commis- 
sary district.  The  following  annuities  shall  be  paid  at  the  Office  that 
has  received  the  payment  of  the  first  annuity." 

ARTICLE  1.  The  annuities  of  which  mention  has  been  made  may  be 
paid  indiscriminately  at  any  office  in  whose  attributes  is  included  the 
collection  of  patent  taxes,  until  an  undetermined  date,  in  derogation 
of  the  final  provisions  of  the  above-mentioned  articles. 

ART.  2.  The  declarations  shall  be  received  with  reservation  of  fur- 
ther verification. 

ART.  3.  Our  Minister  of  Industry  and  Labor,  and  that  of  Finance, 
are  charged,  each  for  what  concerns  him,  with  the  execution  of  the 
present  decree. 

(From  13  Bolletino  delta  proprieta  intellettudle,  222.) 


PATENTS — TAXES — WAR  MEASURES — DECREE  OF  AUGUST  5,  1914. 

[Translation.] 

[Royal  decree  of  Aug.  5,  1914,  relating  to  the  prolongation  of  terms  for  the  payment  of 

patent  taxes.] 

We,  Albert,  King  of  the  Belgians : 

In  view  of  Article  1  of  the  laAv  of  August  4, 1914,  that  particularly 
stipulates  that  "  during  the  continuation  of  the  state  of  war,  accord- 
ing to  the  existing  circumstances,  the  King  may:  6.  Delay  the  ful- 
fillment of  civil  or  commercial  obligations." 

In  view  of  Article  22  of  the  law  of  May  24, 1854,  relating  to  patents 
of  invention,  modified  by  the  law  of  March  27,  1857,  that  reads  thus : 
"  When  the  tax  fixed  by  Article  3  shalJ  not  have  been  paid  within  a 
month  of  coming  due,  the  patent  owner,  after  previous  notice,  shall, 
under  penalty  of  forfeiture  of  his  rights  that  his  title  confers  upon 
him,  pay  before  the  expiry  of  six  months  from  the  date  at  which  the 
patent  tax  was  due  10  francs  in  addition  to  the  annuity  payable." 


BELGIUM.  Ill 

We  have  decreed  and  do  decree: 

ARTICLE  1.  The  execution  of  Article  22  l  of  the  law  of  May  24, 1854, 
modified  by  the  law  of  March  27,  1857,  is  suspended  for  an  indefinite 
period. 

Owing  to  this,  the  previously  cited  provision  for  the  terms  for  the 
payment  of  annual  patent  taxes  that  have  not  expired  on  (or  before) 
August  5,  1914,  are  prolonged  for  a  period  to  be  determined  later  on. 

ART.  2.  Our  Minister  of  Industry  and  Labor  is  charged  with  the 
execution  of  the  present  decree. 

(From  Nachrichten  fur  Handel,  Industrie  und  Landivirtschaft, 
No.  110  of  Oct.  8,  1914,  reprinted  in  Blatt  fur  Patent-,  Mmter-  und 
Zeichemvesen,  Oct.  28,  1914.) 


PATENTS — APPLICATION s — PRIORITY — CONVENTION — EXTEN SIGN  OF 
TERMS  UNDER  GERMAN  AUTHORITY — NOTICE  or  JUNE  23,  1915. 

[Translation.] 

We  are  indebted  to  Mr.  G.  Van  der  Haeghen,  of  Masstricht,  for 
advices  that  in  No.  90  of  the  Official  Journal  of  the  part  occupied  of 
Belgium  there  was  published  a  notice,  whereof  we  give  the  transla- 
tion following: 

"  The  terms  of  priority  provided  by  Article  4  of  the  Convention  of 
the  Union  of  Paris,  revised  June  2, 1911,  concerning  the  protection  of 
industrial  property  (Moniteur  ~belge  of  Aug.  6,  1914)  are  prolonged 
until  new  order,  save  terms  that  have  expired  before  July  31,  1914." 

Brussels,  June  29,  1915. 

The  Governor  General  in  Belgium : 

(Signed)  FREIHERR  VON  BISSING. 


PATENTS — APPLICATIONS — TAXES — MINISTERIAL  LETTER. 

We  are  indebted  to  Messrs.  J.  Gevers  &  Cie.,  of  Ste.  Adresse-Havre, 
for  copy  of  a  letter  by  them  received  from  the  Ministry  of  Industry 
and  Labor  of  Belgium,  whereof  we  give  a  translation : 

MINISTRY  OF  INDUSTRY  AND  LABOR  OF  BELGIUM, 

Havre,  April  21,  1915. 

GENTLEMEN  :  Complying  with  your  request,  I  have  the  honor  of  advising 
you  that  the  extreme  measures  taken  by  the  occupant  for  the  closing  of  the 
frontier  and  the  confidence  instilled  in  the  Belgian  Government  by  the  subjects 
of  the  allied  and  neutral  countries  have  impelled  it,  in  matters  of  industrial 
property,  to  take  divers  measures  suited  to  circumstances. 

The  payment  of  annual  taxes  may  be  deferred  until  an  undetermined  date. 
However,  in  view  of  meeting  the  requests  of  those  interested,  desirous  of  not 

1  Term  of  six  months  grace. 
93169—19 8 


112  BELGIUM. 

taking  advantage  of  the  morn  tori  um  to  the  extent  that  they  might  in  the  matter, 
in  full  accord  with  the  Belgium  Government,  a  Receivers'  Bureau  has  been- opened 
for  their  convenience  at  Havre,  a  bureau  that  has  full  authority  by  virtue  of 
the  Royal  Decree  of  September  2,  1914,  whereof  you  will  find  herewith  a  copy  of 
the  text. 

[For  translation  see  13  P.  &  T.  M.  Rev.,  36. — Ed.] 

In  the  same  spirit,  and  having  considered  the  necessity  of  overcoming  the 
difficulties  of  communication  with  Belgium  invaded,  the  Belgian  Government 
has  decided  to  admit  from  October  20,  1914,  the  filing  of  patent  applications. 
These  shall  be  validly  received,  in  accordance  with  the  law  of  May  24,  1854, 
which  gives  full  powers  to  one  of  the  bureaus  of  the  Commissariats  d'Arron- 
dissements  of  the  part  of  the  country  not  occupied.  In  view,  however,  of  sim- 
plifying the  formalities,  it  has  been  allowed  that  the  documents  shall  be  re- 
ceived at  the  actual  seat  of  the  Government,  at  Havre,  in  order  to  fix  the  date 
of  their  receipt,  which  shall  be  confirmed  by  way  of  subsequent  regularization. 

Accept,  gentlemen,  the  assurance  of  my  high  consideration, 

The  Minister : 

(Signed)  ARM.  HUBERT. 

To  MESSRS.  J.  GEVERS  &  CIE., 

2  Avenue  Desirg-Dehors,  Ste-Aclresse-Havre. 


[Belgium  order  under  German  occupation.] 

PATENTS — APPLICATION  s — TAXES. 

An  application  for  a  patent  shall,  in  accordance  with  Article  17  of 
the  Belgian  law  of  May  24, 1854,  either  by  filed  at  the  chancery  of  one 
of  the  nine  provincial  governments  (greffe  de  Vun  des  gouvernements 
provinciaux}  or  at  the  office  of  a  commissariat  d^arrondissement. 

Even  if  the  German  military  governors,  together  with  the  ap- 
pointed presidents  of  the  civilian  administrations,  are  now  substi- 
tuted for  the  provincial  governors,  the  internal  organization  of  the 
provincial  administrations  has,  nevertheless,  remained  as  of  old ;  the 
registrar  presiding  over  the  above-named  chancery  continues  with 
his  functions,  and  applications  for  patents  inay  now,  as  heretofore, 
be  filed  with  him.  The  commissaires  d^arrondissements  have  resigned 
from  office  in  several  localities,  and  "  district  chiefs  "  have  been  ap- 
pointed in  their  places,  who,  however,  perform  different  functions. 
Consequently  it  is  not  advisable  to  file  applications  with  them,  but 
it  is  recommended  that  they  be  filed  solely  at  the  chanceries  of  the 
provincial  administrations.  The  patent  taxes  are,  as  formerly,  paid 
to  the  receveur  de  1? enregistrement ;  the  competent  receveur  for  Brus- 
sels is  the  receveur  des  produits  divers,  rue  du  Musee  4. 

(From  Nachrichten  fur  Handel,  Industrie  und  Landwirtschaft, 
1915.  reprinted  in  Patent-,  Muster-  und  Zeichenwesen,  February, 
1915.) 


BELGIUM.  113 

The  regular  compliance  with  the  formal  requirements,  as  provided 
under  the  Belgian  law,  upon  filing  an  application  for  a  patent  is  not 
prevented  through  the  removal  of  the  Belgian  Government  to  Le 
Havre.  Applications  for  patents  are  filed  as  before  in  the  manner 
explained  in  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  1915,  page 
24.  The  register  of  patents  and  the  Office  des  Brevets  have  not  been 
removed  from  Brussels ;  but  the  Director  General  delegated  to  grant 
patents  no  longer  exercised  his  rights  after  the  occupation,  for  the 
reason  that  he  did  not  know  whether  the  German  administration 
would  recognize  the  authorization  conferred  upon  him  by  the  Min- 
ister. The  Director  has  been  informed  in  the  meantime,  that  there 
are  no  objections  on  the  part  of  the  German  administration  to  the 
grant  of  patents  by  him,  inasmuch  as  the  authorization  was  con- 
ferred on  him  long  before  the  war. 

It  seems  that  an  application  for  a  patent  filed  in  Le  Havre  is  in- 
valid, since  the  application  procedure  is  regulated  by  the  Belgian 
law  of  May  24,  1854,  and  is  in  force  now  as  heretofore. 

(From  a  report  of  the  Chief  of  the  Governor  General's  Office  in  Bel- 
gium, published  in  Patent-,  Mutter-  und  Zeichewwesen,  March  31, 
1915.) 

The  following  notice  is  a  translation  from  Moniteur  Beige  of  Sep- 
tember 2  and  3,  1914  : 

Ministry  of  Industry  and  Work  and  Ministry  of  Finance. 

Payment  of  Taxes  on  Patents. 
Albert,  King  of  the  Belgians,  to  all  present  and  to  eotne,  greeting: 

In  view  of  Article  1  of  the  Royal  Decree  of  May  7,  1900,  providing  that  "  the 
first  annual  payment  of  the  tax  fixed  by  Article  3  of  the  law  of  May  24,  1854, 
shall  be  made  at  the  office  of  registration  charged  with  the  receipt  of  various 
revenues  established  at  the  principal  town  of  a  provincial  government  or 
'  commissariat  of  arrondissement.'  The  following  annual  payments  must  be 
made  at  the  office  where  the  first  payment  has  been  received,"  we  have  de- 
' creed  and  hereby  do  decree:  • 

ARTICLE  1.  Departing  from  the  foregoing  article,  the  annual  payments, 
until  a  date  not  yet  fixed,  may  be  made  at  any  office  entitled  to  receive  the  pay- 
ment of  taies  (or  fees)  on  patents. 

ART.  2.  Applications  shall  be  received  subject  to  later  examination. 
ART.  3.  Our  Minister  of  Industry  and  Work  and  our  Minister  of  Finance, 
each  as  far  as  he  is  concerned,  is  charged  with  the  execution  of  this  decree. 
Done  at  Antwerp,  September  2,  1914. 

ALBERT. 
For  the  King : 

ARM.  HUBERT, 

Minister  of  Ind.  and  Work. 
A.  VAN  VYVEBE, 

Minister  of  Finance. 


CANADA. 

[Revised  Statutes  of  Canada,  1906,  ch.  69.] 

AN  ACT  RESPECTING  PATENTS  OF  INVENTION. 
SHORT  TITLE. 

1.  This  Act  may  be  cited  as  the  Patent  Act  (R.  S.,  c.  61,  s.  1). 

INTERPRETATION. 

2.  In  this  Act,  unless  the  context  otherwise  requires — 

(a)  "Minister"  means  the  Minister  of  Agriculture. 

(b)  "Commissioner"   means   the   Commissioner   of   Patents,    and 
"Deputy  Commissioner"  means  the  Deputy  Commissioner  of  Pat- 
ents. 

(c)  "Invention"  means  any  new  and  useful  art,  machine,  manu- 
facture or  composition  of  matter,  or  any  new  and  useful  improve- 
ment in  any  art,  machine,  manufacture  or  composition  of  matter. 

(d)  "Legal  representatives"  includes  heirs,  executors,  administra- 
tors and  assigns,  or  other  legal  representatives.     (R.  S.,  c.  61,  s.  2.) 

PATENT   OFFICE    AND    APPOINTMENT    OF    OFFICERS. 

3.  There  shall  be  attached  to  the  Department  of  Agriculture,  as 
a  branch  thereof,  an  office  which  shall  be  called  the  Patent  Office; 
and  the  Minister  of  Agriculture  for  the  time  being  shall  be  the  Com- 
missioner of  Patents.     (R.  S.,  c.  61,  s.  3.) 

4.  The  Commissioner  shall  receive  all  applications,  fees,  papers, 
documents,  and  models  for  patents,  and  shall  perform  and  do  all 
acts  and  things  requisite  for  the  granting  and  issuing  of  patents  of 
invention;  and  he  shall  have  the  charge  and  custody  of  the  books, 
records,  papers,  models,  machines,  and  other  things  belonging  to 
the  Patent  Office.    (R.  S.,  c.  61,  s.  4.) 

5.  The  Deputy  Minister  of  Agriculture  shall  be  the  Deputy  Com- 
missioner, and  the  Governor  in  Council  may,  from  time  to  time,  ap 
point  such  officers  and  clerks  under  the  Deputy  Commissioner  as  are 
necessary  for  the  purposes  of  this  act,  and  such  officers  and  clerks 
shall  hold  office  during  pleasure. 

114 


CANADA.  115 

(2)  The  Deputy  Commissioner  may  do  any  act  or  thing,  whether 
judicial  or  ministerial,  which  the  Commissioner  of  Patents  is  au- 
thorized or  empowered  to  do  by  any  provision  of  this  Act;  and,  in 
the  absence  of  the  Deputy  Commissioner,  any  person  performing  the 
duties  of  the  Deputy  Minister  x>f  Agriculture  under  the  authority  of 
the  Civil  Service  Act  may,  as  acting  deputy  commissioner,  do  any 
such  act  or  thing.  (60-61  V.,  c.  25,  s.  1 ;  3  S.  VII,  c.  46,' s.  1.) 

6.  The  Commissioner  shall  cause  a  seal  to  be  made  for  the  purposes 
of  this  Act,  and  may  cause  to  be  sealed  therewith  every  patent  and 
other  instrument  and  copy  thereof  issuing  from  the  Patent  Office. 
(E.  S.,  c.  61,  s.  6.) 

APPLICATIONS  FOR  PATENTS. 

7.  Any  person  who  has  invented  any  new  and  useful  art,  machine, 
manufacture  or  composition  of  matter,  or  any  new  and  useful  im- 
provement in  any  art,  machine,  manufacture  or  composition  of  mat- 
ter, which  was  not  known  or  used  by  any  other  person  before  his 
invention  thereof,  and  which  has  not  been  in  public  use  or  on  sale 
with  the  consent  or  allowance  of  the  inventor  thereof,  for  more  than 
one  year  previously  to  his  application  for  patent  therefor  in  Canada, 
may.  on  a  petition  to  that  effect,  presented  to  the  Commissioner,  and 
on  compliance  with  the  other  requirements  of  this  Act,  obtain  a  pat- 
ent granting  to  such  person  an  exclusive  property  in  such  invention. 

(2)  No  patent  shall  issue  for  an  invention  which  has  an  illicit  ob- 
ject in  view,  or  for  any  mere  scientific  principle  or  abstract  theorem. 
(E.  S.,  c.  61,  s.  7.) 

8.  Any  inventor  who  elects  to  obtain  a  patent  for  his  invention  in 
a  foreign  country  before  obtaining  a  patent  for  the  same  invention 
in  Canada,  may  obtain  a  patent  in  Canada,  if  the  patent  is  applied 
for  within  one  year  from  the  date  of  the  .issue  of  the  first  foreign 
patent  for  such  invention. 

(2)  If  within   three  months   after  the   date   of   the   issue   of   a 
foreign  patent,  the  inventor  gives  notice  to  the  Commissioner  of  his 
intention  to  apply  for  a  patent  in  Canada  for  such  invention,  then 
no  other  person  having  commenced  to  manufacture  the  same  device 
in  Canada  during  such  period  of  one  year,  shall  be  entitled  to  con- 
tinue the  manufacture  of  the  same  after  the  inventor  has  obtained  a 
patent  therefor  in  Canada,  without  the  consent  or  allowance  of  the 
inventor. 

(3)  No  Canadian  patent  issued  previous  to  the  thirteenth  day  of 
August,  one  thousand  nine  hundred  and  three,  shall  be  deemed  to 
have  expired  before  the  end  of  the  term  for  which  it  was  granted 
merely  because  of  the  expiry  of  a  foreign  patent  for  the  same  inven- 
tion.   (55-56  V.,  c.  24,  s.  1 ;  3  E.  VII,  c.  46,  s.  2.) 


116  CANADA. 

9.  Any  person  who  has  invented  any  improvement  on  any  patented 
invention,  may  obtain  a  patent  for  such  improvement;  but  he  shall 
not  thereby  obtain  the  right  of  vending  or  using  the  original  inven- 
tion, nor  shall  the  patent  for  the  original  invention  confer  the  right 
of  vending  or  using  the  patented  improvement.     (R.  S.,  c.  61,  s.  9.) 

10.  Every  inventor  shall,  before  a  patent  can  be  obtained,  make 
oath,  or,  when  entitled  by  law  to  make  an  affirmation  instead  of  an 
oath,  shall  make  an  affirmation,  that  he  verily  believes  that  he  is  the 
inventor  of  the  invention  for  which  the  patent  is  asked,  and  that  the 
several  allegations  in  the  petition  contained  are  respectively  true  and 
correct. 

(2)  In  the  event  of  the  inventor  being  dead,  such  oath  or  affirma- 
tion shall  be  made  by  the  applicant,  and  shall  state  that  he  verily 
believes  that  the  person  whose  assignee  or  legal  representative  he  is, 
was  the  inventor  of  the  invention  for  which  the  patent  is  solicited, 
and  that  the  several  allegations  in  the  petition  contained  are  respec- 
tively true  and  correct. 

(3)  Such  oath  or  affirmation  ma}7  be  made  before  a  minister  plen- 
ipotentiary, charge  d'affaires,  consul,  vice  consul  or  consular  agent, 
a  judge  of  any  court,  a  notary  public,  a  justice  of  the  peace,  or  the 
mayor  of  any  city,  borough,  or  town,  or  a  commissioner  for  taking 
affidavits  having  authority  or  jurisdiction  within  the  place  where  the 
oath  may  be  administered.     (R.  S.,  c.  61,  s.  10;  55-56  V.,  c.  24,  s.  2.) 

11.  The  applicant  for  a  patent  shall,  for  the  purposes  of  this  Act, 
elect  his  domicile  at  some  known  and  specified  place  in  Canada,  and 
shall  mention  the  same  in  his  petition  for  a  patent.     (R.  S..  c.  61, 
s.  11.) 

12.  The  applicant  shall,  in  his  petition  for  a  patent,  insert  the 
title  or  name  of  the  invention,  and  shall,  with  the  petition,  send  in  a 
specification  in  duplicate  of  the  invention  and  an  additional  or  third 
copy  of  the  claim  or  claims.     (56  V.,  c.  34,  s.  1.) 

13.  The  specification  shall  correctly  and  fully  describe  the  mode 
or  modes  of  operating  the  invention,  as  contemplated  by  the  inventor ; 
and  shall  state  clearly  and  distinctly  the  contrivances  and  things 
which  he  claims  as  new  and  for  the  use  of  which  he  claims  an  exclu- 
sive property  and  privilege. 

(2)  Such  specification  shall  bear  the  name  of  the  place  where,  and 
the  date  when  it  is  made,  and  shall  be  signed  by  the  inventor,  if  he 
is  alive,  and,  if  not,  by  the  applicant,  and  by  two  witnesses  to  such 
signature  of  the  inventor  or  applicant. 

(3)  In  the  case  of  a  machine  the  specification  shall  fully  explain 
the  principle  and  the  several  modes  in  which  it  is  intended  to  apply 
and  work  out  the  same. 

(4)  In  the  case  of  a  machine,  or  in  any  other  case  in  which  the  in- 
vention admits  of  illustration  by  means  of  drawings,  the  applicant 


CANADA.  117 

shall  also,  with  his  application,  send  in  drawings  in  duplicate,  show- 
ing clearly  all  parts  of  the  invention;  and  each  drawing  shall  bear 
the  signature  of  the  inventor,  if  he  is  alive,  and,  if  not,  of  the  appli- 
cant, or  of  the  attorney  of  such  inventor  or  applicant,  and  shall  have 
written  references  corresponding  with  the  specification ;  but  the  Com- 
missioner may  require  further  drawings  or  dispense  with  any  of 
them,  as  he  sees  fit. 

(5)  One  duplicate  of  the  specification  and  of  the  drawings,  if  there 
are  drawings,  shall  be  annexed  to. the  patent,  of  which  it  shall  form 
an  essential  part,  and  the  other  duplicate  shall  remain  deposited  in 
the  Patent  Office. 

(6)  The  Commissioner  may,  in  his  discretion,  dispense  with  the 
duplicate  specification  and  drawing,  and  in  lieu  thereof  cause  copies 
Of  the  specification  and  drawing,  in  print  or  otherwise,  to  be  attached 
to  the  patent,  of  which  they  shall  form  an  essential  part.     (R.  S., 
c.  61,  s.  13.) 

14.  In  all  cases  in  which  the  invention  admits  of  representation 
.by  model,  the  applicant,  if  required  by  the  Commissioner,  shall  fur- 
nish a  model  of  convenient  size  exhibiting  its  several  parts"  in  due 
proportion;  and  when  the  invention  is  a  composition  of  matter,  the 
applicant,  if  required  by  the  Commissioner,  shall  furnish  specimens 
of  the  ingredients,  and  of  the  composition,  sufficient  in  quantity  for 
the  purpose  of  experiment. 

(2)  If  such  ingredients  or  composition  be  of  an  explosive  or 
dangerous  character,  they  shall  be  furnished  with  such  precautions  as 
are  prescribed  in  the  requisition  therefor.  (55-56  V.,  c.  24,  s.  3.) 

15.  On  each  application  for  a  patent,  a  thorough  and  reliable  ex- 
amination shall  be  made  by  competent  examiners  to  be  employed  in 
the  Patent  Office  for  that  purpose.     (55-56  V.,  c.  24,  s.  8.) 

16.  Xo  application  for  a  patent  shall  be  withdrawn  without  the 
consent  in  writing  of  each  and  every  registered  assignee  of  such 
patent  or  any  part  thereof.     (55-56  V.,  c.  24,  s.  4.) 

REFUSAL  TO  GRANT  PATENTS. 

IT.  The  Commissioner  may  object  to  grant  a  patent  in  any  of  the 
following  cases : 

(a)  When  he  is  of  opinion  that  the  alleged  invention  is  not  pat- 
entable  in  law. 

(b)  When  it  appears  to  him  that  the  invention  is  already  in  the 
possession  of  the  public,  with  the  consent  or  allowance  of  the  inven- 
tor. 

(c)  When  it  appears  to  him  that  there  is  no  novelty  in  the  inven- 
tion. 


118  CANADA. 

(d)  When  it  appears  to  him  that  the  invention  has  been  described 
in  a  book  or  other  printed  publication  before  the  date  of  the  applica- 
tion, or  is  otherwise  in  the  possession  of  the  public. 

(e)  When  it  appears  to  him  that  the  invention  has  already  been 
patented   in    Canada,   unless   the   Commissioner   has   doubts    as   to 
whether  the  patentee  or  the  applicant  is  the  first  inventor. 

(/)  When  ii  appears  to  him  that  the  invention  has  already  been 
patented  in  a  foreign  country,  and  the  year  has  not  expired  within 
which  the  foreign  patentee  may  apply  for  a  patent  in  Canada,  unless 
the  Commissioner  has  doubts  as  to  whether  the  foreign  patentee  or 
the  applicant  is  the  first  inventor.  (E.  S.,  c.  61,  s.  16.) 

18.  Whenever  the  Commissioner  objects  to  grant  a  patent  as  afore- 
said, he  shall  notify  the  applicant  to  that  effect  and  shall  state  the 
ground  or  reason  therefor,  with  sufficient  detail  to  enable  the  appli- 
cant to  answer,  if  he  can,  the  objection  of  the  Commissioner.     (R.  S. 
c.  61,  s.  17.) 

19.  Every  applicant  who  has  failed  to  obtain  a  patent  by  reason 
of  the  objection  of  the  Commissioner,  as  aforesaid,  may,  at  any  time 
within  six  months  after  notice  thereof  has  been  mailed,  addressed  to 
him  or  his  agent,  appeal  from  the  decision  of  the  Commissioner  to  the 
Governor  in  Council.     (R.  S.,  c.  61,  s.  18.) 

CON  FLICTIN  G    APPLICATION  S. 

20.  In  case  of  conflicting  applications  for  any  patent,  the  sain.1 
shall  be  submitted  to  the  arbitration  of  three  skilled  persons,  two 
of  whom  shall  be  chosen  by  the  applicants,  one  by  each,  and  the  third 
of  whom  shall  be  chosen  by  the  Commissioner;  and  the  decision  or 
award  of  such  arbitrators,  or  of  any  two  of  them,  delivered  to  the 
Commissioner  in  writing,  and  subscribed  by  them  or  any  two  of  them, 
shall  be  final,  as  far  as  concerns  the  granting  of  the  patent. 

(2)  If  either  of  the  applicants  refuses  or  fails  to  choose  an  arbi- 
trator, when  required  so  to  do  by  the  Commissioner,  and  if  there  are 
only  two  such  applicants,  the  patent  shall  issue  to  the  other  applicant. 

(•3)  If  there  are  more  than  two  conflicting  applications,  and  if  the 
persons  applying  do  not  all  unite  in  appointing  three  arbitrators,  the 
Commissioner  may  appoint  the  three  arbitrators  for  the  purposes 
aforesaid. 

(4)  The  arbitrators  so  named  shall  subscribe  and  take  before  a 
judge  of  any  court  of  record  in  Canada,  an  oath  in  the  form  follow- 
ing, that  is  to  say : 

"I,  the  undersigned  (A.  B.),  being  duly  appointed  an  arbitrator 
under  the  authority  of  the  Patent  Act,  do  hereby  solemnly  swear  or 
(affirm,  as  the  case  may  be],  that  I  will  well  and  truly  perform  the 
duty  of  such  arbitrator  on  the  conflicting  applications  of  (C.  D.  and 
E.  F.)  submitted  to  me." 


CANADA.  119 

('">)  The  arbitrators,,  or  any  one  of  them,  when  so  sworn,  may  sum- 
mon before  them  any  applicant  or  other  person,  and  may  require  him 
to  give  evidence  on  oath,  orally,  or  in  writing  (or  on  solemn  affirma- 
tion, if  such  applicant  or  person  is  entitled  to  affirm  in  civil  cases) , 
and  to  produce  such  documents  and  things  as  such  arbitrators  deem 
requisite  to  the  full  investigation  of  the  matters  into  which  they  are 
appointed  to  examine,  and  they  shall  have  the  same  power  to  enforce 
the  attendance  of  such  applicants  and  other  persons,  and  to  compel 
them  to  give  evidence,  as  is  vested  in  any  court  of  justice  in  civil 
cases,  in  the  province  in  which  the  arbitration  is  held. 

(6)  The  fees  for  the  services  of  such  arbitrators  shall  be  a  matter 
of  agreement  between  the  arbitrators  and  the  applicants,  and  shall 
be  paid  by  the  applicants  who  name  them,  respectively,  except  those 
of  the  arbitrator  or  arbitrators  named  by  the  Commissioner,  which 
shall  be  paid  by  the  applicants  jointly.  (R.  S.,  c.  61,  s.  19.) 

GRANT   AND   DURATION    OF   PATENTS. 

21.  Every  patent  granted  under  this  Act  shall  contain  the  title  or 
name  of  the  invention,  with  a  reference  to  the  specification,  and  shall 
grant  to  the  patentee  and  his  legal  representatives,  for  the  1 21*111 
therein  mentioned,  from  the  granting  of  the  same,  the  exclusive 
right,  privilege  and  liberty  of  making,  constructing,  and  using,  and 
vending  to  others  to  be  used,  the  said  invention,  subject  to  adjudica- 
tion in  respect  thereof  before  any  court  of  competent  jurisdiction. 

(2)  In  cases  of  joint  applications,  the  patents  shall  be  granted  in 
the  names  of  all  the  applicants.  (R.  S.,  c.  61,  s.  20.) 

22.  Every  patent  shall  be  issued  under  the  seal  of  the  Patent  Office 
and  the  signature  of  the  Commissioner  or  of  the  Deputy  Commis- 
sioner, and.  when  duly  registered,  shall  be  good,  and  shall  avail  the 
grantee  and  his  legal  representatives  for  the  term  mentioned  in  the 
patent. 

(2)  The  Commissioner  may  require  that  any  patent,  before  it  is 
signed  by  the  Commissioner  or  by  any  other  member  of  the  King's 
Privy  Council  for  Canada,  acting  for  him,  and  before  the  seal  here- 
inbefore mentioned  is  affixed  to  it,  shall  be  examined  by  the  Minister 
of  Justice ,;  and,  if  such  examination  is  so  required,  the  Minister  of 
Justice  shall,  accordingly,  examine  it,  and  if  he  finds  it  conformable 
to  law,  he  shall  certify  accordingly,  and  such  patent  may  then  be 
signed,  and  the  seal  affixed  thereto.  (R.  S.,  c.  61,  s.  21;  56  V.,  c.  34, 
s.2.) 

23.  The  term  limited  for  the  duration  of  every  patent  of  invention 
issued  by  the  Patent  Office  shall  be  eighteen  years;  but,  at  the  time  of 
the  application  therefor,  it  shall  be  at  the  option  of  the  applicant  to 
pay  the  full  fee  required  for  the  term  of  eighteen  years,  or  the  partial 


120  CANADA. 

fee  required  for  the  term  of  six  years.  or(  the  partial  fee  required  foi 
the  term  of  twelve  years. 

(2)  If  a  partial  fee  only  is  paid,  the  proportion  of  the  fee  shall  be 
stated  in  the  patent,  and  the  patent  shall,  notwithstanding  anything 
herein  or  in  this  Act  contained,  cease  at  the  end  of  the  term  for  which 
the  partial  fee  has  been  paid,  unless  before  the  expiration  of  the  said 
term  the  holder  of  the  patent  pays  the  fee  required  for  the  further 
term  of  six  or  twelve  years,  and  obtains  from  the  Patent  Office  a  cer- 
tificate of  such  payment  in  the  form  which  is,  from  time  to  time, 
adopted,   which   certificate  shall  be  attached  to   and  refer  to  the 
patent,  and  shall  be  under  the  signature  of  the  Commissioner  or  of 
the  Deputy  Commissioner. 

(3)  If   such  second   payment,   together  with  the  first    payment, 
makes  up  only  the  fee  required  for  twelve  years,  then  the  patent  shall, 
notwithstanding  anything  therein  or  in  this  Act  contained,  cease  ai 
the  end  of  the  term  of  twelve  years,  unless  at  or  before  the  expiration 
of  such  term  the  holder  thereof  pays  the  further  fee  required  for  the 
remaining  six  years,  making  up  the  full  term  of  eighteen  years,  and 
obtains  a  like  certificate  in  respect  thereof.     (55-50  V.,  c.  24,  s.  5: 
56  V:,  c.  34,  s.  3.) 

RE-ISSUE    OF    PATENTS. 

24.  Whenever  any  patent  is  deemed  defective  or  inoperative  by 
reason  of  insufficient  description  or  specification,  or  by  reason  of  the 
patentee  claiming  more  than  he  had  a  right  to  claim  as  new,  but 
at  the  same  time  it  appears  that  the  error  arose  from  inadvertence, 
accident  or  mistake,  without  any  fraudulent  or  deceptive  intention, 
the  Commissioner  may,  upon  the  surrender  of  such  patent  and  the 
payment  of  the  further  fee  hereinafter  provided,  cause  a  new  patent r 
in  accordance  with  an  amended  description  and  specification  made 
by  such  patentee,  to  be  issued  to  him  for  the  same  invention,  for  any 
part  or  for  the  whole  of  the  then  uriexpired  residue  of  the  term  for 
which  the  original  patent  was,  or  might  have  been  granted. 

(2)  In  the  event  of  the  death  of  the  original  patentee  or  of  his 
having  assigned  the  patent,  a  like  right  shall  vest  in  his  assignee  or 
his  legal  representatives. 

(3)  Such  new  patent,  and  the  amended  description  and  specifi- 
cation, shall  have  the  same  effect  in  law,  on  the  trial  of  any  action 
thereafter  commenced  for  any  cause  subsequently  accruing,  as  if  the 
same  had  been  originally  filed  in  such  corrected  form  before  the 
issue  of  the  original  patent. 

(4)  The  Commissioner  may  entertain  separate  applications,  and 
cause  patents  to  be  issued  for  distinct  and  separate  parts  of  the 
invention  patented,  upon  payment  of  the  fee  for  a  re-issue  for  each 
of  such  re-issued  patents.    (R.  S.,  c.  61,  s.  23.) 


CANADA.  121 

DISCLAIMERS. 

25.  Whenever,  by  any  mistake,  accident,  or  inadvertence,  and 
without  any  willful  intent  to  defraud  or  mislead  the  public,  a  patentee 
has — 

(a)  Made  his  specification  too  broad,  claiming  more  than  that  of 
which  he  or  the  person  through  whom  he  claims  was  the  first  in- 
ventor; or, 

(b)  In  the  specification,  claimed  that  he  or  the  person  through 
whom  he  claims  was  the  first  inventor  of  any  material  or  substantial 
part  of  the  invention  patented,  of  which  he  was  not  the  first  inventor, 
and  to  which  he  had  no  lawful  right ; 

the  patentee  may,  on  payment  of  the  fee  hereinafter  provided,  make 
disclaimer  of  such  parts  as  he  does  not  claim  to  hold  by  virtue  of 
the  patent  or  the  assignment  thereof. 

(2)  Such  disclaimer  shall  be  in  writing,  and  in  duplicate,  and 
shall  be  attested  in  the  manner  hereinbefore  prescribed,  in  respect 
of  an  application  for  a  patent;  one  copy  thereof  shall  be  filed  and 
recorded  in  the  office  of  the  Commissioner,  and  the  other  copy  thereof 
shall  be  attached  to  the  patent  and  made  a  part  thereof  by  refer- 
ence, and  such  disclaimer  shall  thereafter  be  taken  and  considered 
as  part  of  the  original  specification. 

(3)  Such  disclaimer  shall  not  affect  any  action  pending  at  the 
time  of  its  being  made,  except  in  so  far  as  relates  to  the  question  of 
unreasonable  neglect  or  delay  in  making  it. 

(4)  In  case  of  the  death  of  the  original  patentee,  or  of  his  having 
assigned  the  patent,  a  like  right  shall  vest  in  his  legal  representatives, 
any  of  whom  may  make  disclaimer. 

(5)  The  patent  shall  thereafter  be  deemed  good  and  valid  for  so 
much  of  the  invention  as  is  truly  the  invention  of  the  disclaimant, 
and  is  not  disclaimed,  if  it  is  a  material  and  substantial  part  of  the 
invention,  and  is  definitely  distinguished  from  other  parts  claimed 
without  right;  and  the  disclaimant  shall  be  entitled  to  maintain  an 
action  or  suit  in  respect  of  such  part  accordingly.      (R.  S.,  c.  61, 
s.  24.) 

ASSIGNMENTS. 

26.  The  patent  may  be  granted  to  any  person  to  whom  the  inven- 
tor, entitled  under  this  Act  to  obtain  a  patent,  has  assigned  of  be- 
queathed the  right  of  obtaining  the  same,  or  in  default  of  such 
assignment  or  bequest,  to  the  legal  representatives  of  the  deceased 
inventor.    (R.  S.,  c.  61,  s.  25.) 

27.  Every  patent  issued  for  an  invention  shall  be  assignable  in 
law,  either  as  to  the  whole  interest  or  as  to  any  part  thereof,  by  any 
instrument  in  writing;  but  such  assignment,  and  every  grant  and 


122  CANADA. 

conveyance  of  any  exclusive  right  to  make  and  use  and  to  grant 
to  others  the  right  to  make  and  use  the  invention  patented,  within 
and  throughout  Canada  or  any  part  thereof,  shall  be  registered  in 
the  Patent  Office  in  the  manner,  from  time  to  time,  prescribed  by  the 
Commissioner  for  such  registration;  and  every  assignment  affecting 
a  patent  for  invention  shall  be  null  and  void  against  any  subsequent 
assignee,  unless  such  instrument  is  registered  as  hereinbefore  pre- 
scribed, before  the  registration  of  the  instrument  under  which  such 
subsequent  assignee  claims.  (R.  S.,  c.  61,  s.  26.) 

28.  In  cases  of  joint  applications  or  grants,  every  assignment  from 
one  or  more  of  the  applicants  or  patentees  to  the  other  or  others,  or 
to  any  other  person,  shall  be  registered  in  like  manner  as  other  assign- 
ments.   (R.  S.,  c.  61,  s.  27.) 

IMPEACHMENT  AND  OTHER  LEGAL  PROCEEDINGS   IN   RESPECT  OF  PATENTS. 

29.  A  patent  shall  be  void,  if  any  material  allegation  in  the  petition 
or  declaration  of  the  applicant  hereinbefore  mentioned  in  respect  of 
such  patent  is  untrue,  or  if  the  specifications  and  drawings  contain 
more  or  less  than  is  necessary  for  obtaining  the  end  for  which  they 
purport  to  be  made,  when  such  omission  or  addition  is  wilfully  made 
for  the  purpose  of  misleading:  Provided  that  if  it  appears  to  the 
court  that  such  omission  or  addition  was  an  involuntary  error,  and  if 
it  is  proved  that  the  patentee  is  entitled  to  the  remainder  of  his  patent 
pro  tanto,  the  court  shall  render  a  judgment  in  accordance  with  the 
facts,  and  shall  determine  as  to  costs,  and  the  patent  shall  be  held 
valid  for  such  part  of  the  invention  described,  as  the  patentee  is  so 
found  entitled  to. 

(2)  Two  office  copies  of  such  judgment  shall  be  furnished  to  the 
Patent  Office  by  the  patentee,  one  of  which  shall  be  registered  and 
remain  of  record  in  the  office,  and  the  other  of  which  shall  be  attached 
to  the  patent,  and  made  a  part  of  it  by  a  reference  thereto.  (R.  S., 
c.  61.  s.  28.) 

30.  Every   person   who.   without  the   consent  in  writing  of   the 
patentee,  makes,  constructs,  or  puts  in  practice  any  invention  for 
which  a  patent  has  been  obtained  under  this  Act  or  any  previous  Act, 
or  who  procures  such  invention  from  any  person  not  authorized  by 
the  patentee  or  his  legal  representatives  to  make  or  use  it,  and  who 
uses*  it,  shall  be  liable  to  the  patentee  or  his  legal  representatives  in 
an  action  of  damages  for  so  doing;  and  the  judgment  shall  be  en- 
forced, and  the  damages  and  costs  that  are  adjudged  shall  be  recov- 
erable, in  like  manner  as  in  other  cases  in  the  court  in  which  the  ac- 
tion is  brought.    (R.  S.,  c.  61,  s.  29.) 

31.  Any  action  for  the  infringement  of  a  patent  may  be  brought 
in  the  court  of  record  having  jurisdiction,  to  the  amount  of  the  dam- 


CANADA.  123 

ages  claimed,  in  the  province  in  which  the  infringement  is  alleged  to 
have  taken  place,  which  holds  its  sittings  nearest  to  the  place  of 
residence  or  of  business  of  the  defendant;  and  such  court  shall  decide 
the  case  and  determine  as  to  costs.  (R.  S.,  c.  61,  s.  30.) 

32.  In  any  action  for  the  infringement  of  a  patent,  the  court,  or 
any  judge  thereof,  may,  on  the  application  of  the  plaintiff,  or  defend- 
ant respectively,  make  such  order  as  the  court  or  judge  sees  fit. 

(a)  Restraining  or  for  an  injunction  restraining  the  opposite 
party  from  further  use,  manufacture  or  sale  of  the  subject-matter  of 
the  patent,  and  for  his  punishment  in  the  event  of  disobedience  of 
such  order :  or, 

( 1) )   For  and  respecting  inspection  or  account ;  and, 

(c)  Generally  respecting  the  proceedings  in  the  action. 

(2)  An  appeal  shall  lie  from  any  such  order  under  the  same  cir- 
cumstances, and  to  the  same  court,  as  from  other  judgments  or  orders 
of  the  court  in  which  the  order  is  made.  (R.  S.,  c.  61,  s.  31.) 

33.  Whenever  the  plaintiff,  in  any  such  action,  fails  to  sustain  the 
same,  because  his  specification  and  claim  embrace  more  than  that  of 
which  he  wTas*  the  first  inventor,  and  it  appears  that  the  defendant 
used  or  infringed  any  part  of  the  invention  justly  and  truly  speci- 
fied and  claimed  as  new,  the  court  may  discriminate,  and  the  judg- 
ment may  be  rendered  accordingly.     (R.  S.,  c.  61,  s.  32.) 

34.  The  defendant,  in  any  such  action,  may  plead  as  matter  of 
defense,  any  fact  or  default  which,  by  this  Act,  or  by  law,  renders  the 
patent  void ;  and  the  court  shall  take  cognizance  of  such  pleading  and 
of  the  facts  connected  therewith,  and  shall  decide  the  case  accord- 
ingly.    (R.  S.,  c.  6'1,  s.  33.) 

35.  Any  person  wrho  desires  to  impeach  any  patent  issued  under 
this  Act  may  obtain  a  sealed  and  certified  copy  of  the  patent  and  of  the 
petition,  affidavit,  specification  and  drawings  thereunto  relating,  and 
may  have  the  same  filed  in  the  office  of  the  prothonotary  or  clerk  of 
any  of  the  divisions  of  the  High  Court  of  Justice  in  Ontario,  or  of  the 
Superior  Court  of  Quebec,  or  of  the  Supreme  Court  in  Nova  Scotia, 
New  Brunswick,  British  Columbia  or  Prince  Edward  Island,  re- 
spectively, or  of  the  Court  of  King's  Bench  in  Manitoba,  or  of  the 
Supreme  Court  of  the  Northwest  Territories  in  the  Provinces  of  Sas- 
katchewan and  Alberta  respectively,  pending  the  disestablishment 
of  that  Court  by  the  legislature  of  those  provinces  respectively,  and 
thereafter  of  such  superior  court  of  justice  as,  in  respect  of  civil  juris- 
diction, is  established  by  the  said  legislatures  respectively,  in  lieu 
thereof,  or  of  the  Territorial  Court  in  the  Yukon  Territory,  according 
to  the  domicile  elected  by  the  patentee,  as  aforesaid,  or  in  the  office 
of  the  registrar  of  the  Exchequer  Court  of  Canada,  and  such  courts, 
respectively,  shall  adjudicate  on  the  matter  and  decide  as  to  costs; 
and  if  the  domicile  elected  by  the  patentee  is  in  that  part  of  Canada 


124  CANADA. 

formerly  known  as  the  district  of  Keewatin,  the  Court  of  King's 
Bench  of  Manitoba  shall  have  jurisdiction  until  there  is  a  superior 
court  therein,  after  which  such  superior  court  shall  have  jurisdiction. 
(2)  The  patent  and  documents  aforesaid  shall  then  be  held  as  of 
record  in  such  courts  respectively,  so  that  a  writ  of  scire  facias, 
under  the  seal  of  the  court,  grounded  upon  such  record,  may  issue  for 
the  repeal  of  the  patent,  for  cause  as  aforesaid,  if,  upon  proceedings 
had  upon  the  writ  in  accordance  with  the  meaning  of  this  Act,  the 
patent  i#  adjudged  to  be  void.  (R.  S.,  c.  61,  s.  34;  53  V.,  c.  13,  s.  1.) 

36.  A  certificate  of  the  judgment  avoiding  any  patent  shall,  at  the 
request  of  any  person  filing  it  to  make  it  of  record  in  the  Patent 
Office,  be  entered  on  the  margin  of  the  enrollment  of  the  patent  in 
the  Patent  Office,  and  the  patent  shall  thereupon  be  and  be  held 
to  i:have  been  void  and  of  no  effect,  unless  the  judgment  is  reversed 
on  appeal  as -hereinafter  provided.     (R.  S.,  c.  61,  s.  35.) 

37.  The  judgment  declaring  or  refusing  to  declare  any  patent  void 
sh,a'}l  be  subject  to  appeal  to  any  court  having  appellate  jurisdiction 
in  ,other  cases  decided  by  the  court  by  which  such  judgment  was 
rendered.     (R.  S.,  c.  61,  s.  36.) 

CONDITIONS  AND  EXTENSION. 

38.  Every  patent  shall,  unless  otherwise  ordered  by  the  Commis- 
sioner as  hereinafter  provided,  be  subject,  and  expressed  to  be  sub- 
ject, to  the  following  conditions : 

'•  (a)  Such  patent  and  all  the  rights  and  privileges  thereby  granted 
shall  cease  and  determine,  and  the  patent  shall  be  null  and  void  at 
the  end  of  two  years  from  the  date  thereof,  unless  the  patentee  or 
his  legal  representatives,  within  that  period  or  an  authorized  exten- 
sion thereof,  commence,  and  after  such  commencement,  continuously 
carry  on  in  Canada,  the  construction  or  manufacture  of  the  invention 
patented,  in  such  a  manner  that  any  person  desiring  to  use  it  may 
obtain  it,  or  cause  it  to  be  made  for  him  at  a  reasonable  price,  at 
sqme  manufactory  or  establishment  for  making  or  constructing  it 
in  Canada. 

(&)  If,  after  the  expiration  of  twelve  months  from  the  granting  of 
a  patent,  or  an  authorized  extension  of  such  period,  the  patentee  or 
patentees,  or  any  of  them,  or  his  or  their  or  any  of  their  legal  repre- 
sentatives, for  the  whole  or  a  part  of  his  or  their  or  any  of  their 
interest  in  the  patent,  import  or  cause  to  be  imported  into  Canada, 
the  invention  for  which  the  patent  is  granted,  such  patent  shall  be 
void  as  to  the  interest  of  the  person  or  persons  so  importing  or  caus- 
ing to  be  imported.  (3  E.  VII.,  c.  46,  s.  4.) 

39.  Whenever  a  patentee  is"  unable  to  commence  or  carry  on  the 
construction  or  manufacture  of  his  invention  within  the  two  years 
hereinbefore  provided,  the  Commissioner  may,  at  any  time  not  more 


CANADA.  125 

than  three  months  before  the  expiration  of  that  term,  grant  to  the 
patentee  or  his  legal  representatives  an  extension  of  the  term  of 
two  years,  on  his  proving  to  the  satisfaction  of  the  Commissioner 
that  his  failure  to  commence  or  carry  on  such  construction  or  manu- 
facture is  due  to  reasons  beyond  his  control.  (3  E.  VII.,  c.  46,  s.  5.) 

40.  The  Commissioner  may  grant  to  the  patentee  or  his  legal  rep- 
resentatives, for  the  whole  or  any  part  of  the  patent,  an  extension 
for  a  further  term  not  exceeding  one  year,  during  which  he  may 
import  or  cause  to  be  imported  into  Canada  the  invention  for  which 
the  patent  is  granted,  if  he  or  they  show  cause,  satisfactory  to  the 
Commissioner,  to  warrant  the  granting  of  such  extension ;  but  no 
extension  shall  be  granted  unless  application  is  made  to  the  Commis- 
sioner at  some  time  within  three  months  before  the  expiry  of  the 
twelve  months  aforesaid.     (3  E.  VII.,  c.  46,  s.  6.) 

41.  The  validity  of  any  extension  granted  or  assumed  to  be  granted 
before  the  13th  day  of  August,  1903,  of  the  period  of  two  years 
theretofore  limited  by  statute  in  that  behalf  for  the  commencement 
of  the  construction  or  manufacture  of  a  patented  invention,  or  of  the 
period  of  twelve  months  theretofore  so  limited  for  the  importation  of 
a  patented  invention,  shall  not  be  open  to  impeachment,  nor  shall 
the  patent  for  any  invention  in  respect  of  which  any  such  extension 
had  been  so  granted  be  deemed  to  have  lapsed  or  expired,  because — 

(a)  Such  extension,  instead  of  being  granted  by  the  Commissioner, 
was  so  granted  or  assumed  to  be  granted  by  the  Deputy  Commis- 
sioner, or.  as  acting  deputy  commissioner,  by  a  person  performing  the 
duties  of  the  Deputy  Minister  of  Agriculture  under  the  provisions  of 
the  Civil  Service  Act  in  that  behalf,  instead  of  by  the  Commis- 
sioner; or. 

(Z>)  In  the  case  of  the  invention  to  which  such  extension  relates, 
there  has  been  granted  or  assumed  to  be  granted  a  previous  exten- 
sion or  previous  extensions  of  such  period  of  two  years,  or  such 
period  of  twelve  months,  as  the  case  may  be.  (3  E.  VII.,  c.  46,  s.  9.) 

42.  The  validity  of  any  patent  granted  before  the  13th  day  of 
August,  1903,  shall  not  be  impeached,  nor  shall  such  patent  be  deemed 
to  have  lapsed  or  expired,  by  reason  of  the  failure  of  the  patentee 
to  construct  or  manufacture  the  patented  invention,  if  the  patentee 
within  the  period  of  two  years  from  the  date  of  the  patent  allowed 
for  such  construction  or  manufacture,  or  within  an  authorized  ex- 
tension of  that  period,  became,  and  at  all  times  thereafter  continued 
to  be,  ready  either  to  furnish  the  patented  invention  himself  or  to 
license  the  right  of  using  it,  on  reasonable  terms,  to  any  person  de- 
siring to  use  it,  and  if  the  patentee,  or  his  legal  representatives, 
within  six  months  from  the  13th  day  of  August.  1903,  had— 

(a)  Commenced,  and  after  such  commencement  continuously  car- 
ried on  in  Canada,  the  construction  or  manufacture  of  the  patented 


126  CANADA. 

invention  in  such  manner  as  to  enable  any  person  desiring  to  use  it 
to  obtain  it,  or  cause  it  to  be  made  for  him,  at  a  reasonable  price, 
at  some  manufactory  or  establishment  for  making  or  constructing  it 
in  Canada;  or, 

(b)  Applied  for  and  thereupon  obtained  an  order  of  the  Commis- 
sioner making  the  patent  subject  to  the  condition  hereinafter  pro- 
vided for  authorizing  application  for  the  issue  of  licenses  to  make, 
construct,  use  and  sell  the  patented  invention.  (3  E.  VII.,  c.  46,  s.  10.) 

43.  In  the  case  of  any  patent  which  before  the  13th  day  of  August, 
1903,  had  become  void  or  the  validity  of  which  might  have  been 
impeached,  and  which  was  revived  or  protected  from  impeachment 
by  any  provision  of  the  Act,  passed  in  the  third  year  of  His  Majesty's 
reign,  chapter  46,  entitled  "An  Act  to  amend  the  Patent  Act"  or 
which,  by  reason  of  any  such  provision,  is  to  be  deemed  not  to  have 
elapsed  or  expired,  any  person  who  had,  between  the  time  when  such 
patent  became  void  or  the  ground  for  such  impeachment  arose,  and 
the  13th  day  of  August,  1903,  aforesaid,  commenced  to  manufacture, 
use  or  sell  in  Canada  the  invention  covered  by  such  patent,  may  con- 
tinue to  manufacture,  use  or  sell  it  in  as  full  and  ample  a  measure 
as  if  such  reviA^al  or  protection  from  impeachment  had  not  been 
effected ;  and,  in  case  any  person  had,  before  the  13th  day  of  August 
aforesaid,  contracted  with  the  owner  of  the  patent  for  the  right  to 
manufacture,  use  or  sell  such  invention  in  Canada,  the  contract  shall 
be  deemed  to  have  remained  in  full  force  and  effect  notwithstanding 
that  the  patent  had  become  void  as  aforesaid,  unless  the  person  who 
had  so  contracted  with  such  owner  can  show  that  in  the  meantime, 
by  reason  or  on  the  faith  of  such  invalidity  or  lapsing,  he  has 
materially  altered  his  position  with  respect  to  such  invention,  and 
that  the  revival  of  such  contract  would  cause  him  damage.     (3  E. 
VII.,  c.  46,  s,  14.) 

44.  On  the  application  of  the  applicant  for  a  patent,  previous  to 
the  issue  thereof,  or  on  the  application  within  six  months  after  the 
issue  of  a  patent  of  the  patentee  or  his  legal  representatives,  the 
Commissioner,  having  regard  to  the  nature  of  the  invention,  may 
order  that  such  patent,  instead  of  being  subject  to  the  condition  with 
respect  to  the  construction  and  manufacture  of  the  patented  inven- 
tion hereinbefore  provided,  shall  be  subject -to  the  following  condi- 
tions, that  is  to  say : 

(a)  Any  person,  at  any  time  while  the  patent  continues  in  force, 
may  apply  to  the  Commissioner  by  petition  for  a  license  to  make,  con- 
struct, use  and  sell  the  patented  invention,  and  the  Commissioner 
shall,  subject  to  general  rules  which  may  be  made  for  carrying  out 
this  section,  hear  the  person  applying  and  the  owner  of  the  patent 
and,  if  he  is  satisfied  that  the  reasonable  requirements  of  the  public 
in  reference  to  the  invention  have  not  been  satisfied  by  reason  of  the 


CANADA.  127 

neglect  or  refusal  of  the  patentee  or  his  legal  representatives  to 
make,  construct,  use  or  sell  the  invention,  or  to  grant  licenses  to  others 
on  reasonable  terms  to  make,  construct,  use  or  sell  the  same,  may 
make  an  order  under  his  hand  and  the  seal  of  the  Patent  Office  requir- 
ing the  owner  of  the  patent  to  grant  a  license  to  the  person  applying 
therefor,  in  such  form,  and  upon  such  terms  as  to  the  duration  of 
the  license,  the  amount  of  the  royalties,  security  for  payment,  and 
otherwise,  as  the  Commissioner,  having  regard  to  the  nature  of  the 
invention  and  the  circumstances  of  the  case,  deems  just; 

(b)  The  Commissioner  may,  if  he  thinks  fit,  and  shall  on  the 
request  of  either  of  the  parties  to  the  proceedings,  call  in  the  aid 
of  an  assessor,  specially  qualified,  and  hear  the  case  wholly  or  par- 
tially with  his  assistance; 

(c)  The  existence  of  one  or  more  licenses  shall  not  be  a  bar  to 
an  order  by  the  Commissioner  for,  or  to  the  granting  of  a  license  on 
any  application,  under  .this  section ;  and, 

(d)  The  patent  and  all  rights  and  privileges  thereby  granted 
shall  cease  and  determine,  and  the  patent  shall  be  null  and  void,  if 
the  Commissioner  makes  an  order  requiring  the  owner  of  the  patent 
to  grant  any  license,  and  the  owner  of  the  patent  refuses  or  neglects 
to  comply  with  such  order  within  three  calendar  months  next  after 
a  copy  of  it  is  addressed  to  him  or  to  his  duly  authorized  agent.     (3 
E.  VII.,  c.  46,  s.  7.) 

45.  Any  question  which  arises  as  to  whether  a  patent,  or  any  inter- 
est therein,  has  or  has  not  become  void  under  any  of  the  provisions 
of  the  seven  last  preceding  sections  of  this  Act,  may  be  adjudicated 
upon  by  the  Exchequer  Court  of  Canada,  which  court  shall  have  juris- 
diction to  decide  any  such  questions  upon  information  in  the  name 
of  the  Attorney  General  of  Canada,  or  at  the  suit  of  any  person  inter- 
ested; but  this  section  shall  not  be  held  to  take  away  or  affect  the 
jurisdiction  which  any  court  other  than  the  Exchequer  Court  of 
Canada  possesses.     (3  E.  VII.,  c.  46,  s.  8.) 

CAVEATS. 

46.  Any  intending  applicant  for  a  patent  who  has  not  yet  per- 
fected his  invention  and  is  in  fear  of  being  despoiled  of  his  idea  may 
file,  in  the  Patent  Office,  a  description  of  his  invention  so  far  as  it 
has  proceeded,  with  or  without  plans,  at  his  own  will ;  and  the  Com- 
missioner, on  payment  of  the  fee  in  this  Act  prescribed,  shall  cause  the 
said  document,  which  shall  be  called  a  caveat,  to  be  preserved  in 
secrecy,  with  the  exception  of  delivering  copies  of  the  same  whenever 
required  by  the  said  applicant  or  by  any  judicial  tribunal,  but  the 
secrecy  of  the  document  shall  cease  when  the  applicant  obtains  a 
patent  for  his  invention. 

93169—19 9 


128  CANADA. 

•  » 

(2)  If  application  is  made  by  any  other  person  for  a  patent  for 
any  invention  with  which  such  caveat  may,  in  any  respect,  interfere, 
the  Commissioner  shall  forthwith  give  notice  by  mail,  of  such  appli- 
cation, to  the  person  who  has  filed  such  caveat,  and  such  person  shall, 
within  three  months  after  the  date  of  mailing  the  notice,  if  he  wishes 
to  avail  himself  of  the  caveat,  file  his  petition  and  take  the  other  steps 
accessary  on  an  application  for  a  patent,  and  if,  in  the  opinion  of  the 
Commissioner,  the  applications  are  conflicting,  like  proceedings  may 
be  had  in  all  respects  as  are  by  this  Act  provided  in  the  case  of  con- 
flicting applications. 

(3)  Unless  the  person  filing  a  caveat  makes  application  within  one 
year  from  the  filing  thereof  for  a  patent,  the  Commissioner  shall  be 
relieved  from  the  obligation  of  giving  notice,  and  the  caveat  shall 
then  remain  as  a  simple  manner  of  proof  as  to  novelty  or  priority  of 
invention,  if  required.     (R.  S.  c.  61,  s.  38.) 

PATENT  FEES. 

47.  The  following  fees  shall  be  payable  before  an  application  for 
any  of  the  purposes  herein  mentioned  shall  be  received  by  the  Com- 
missioner, that  is  to  say : 

Full  fee  for  18  years—                                                                                      -  $60.  00 

Partial  fee  for  12  years 40.  00 

Partial  fee  for  6  years 20.  00 

Fee  for  further  term  of  12  years 40.  00 

Fee  for  further  term  of  6  years 20.00 

On  lodging  a  caveat 5.  00 

On  asking  to  register  a  judgment  pro  tanto 4.  00 

On  asking  to  register  an  assignment,  or  any  other  document  affecting 

or  relating  to  a  patent 2.00 

For  each  and  every  patent  mentioned  in  any  notice  given  to  the  Commis- 
sioner by  the  inventor  after  the  issue  of  a  foreign  patent  of  his  inten- 
tion to  apply  for  a  patent  in  Canada  for  such  invention—  2.00 

On  asking  to  attach  a  disclaimer  to  a  patent 2.  00 

On  asking  for  a  copy  of  patent  with  specification 4.  00 

On  petition  to  re-issue  a  patent  after  surrender,  in  addition  to  the  fees 
on  the  original  patent  which  shall,  notwithstanding  such  surrender, 
continue  to  he  payable  as  aforesaid,  for  every  unexpired  year  of  the 

duration  of  the  original  patent 4.  00 

On  office  copies  of  documents,  not  above  mentioned,  the  following 
charges  shall  be  made : ' 

For  every  single  or  first  folio  of  one  hundred  words  certified  copy $0.  25 

For  every  such  subsequent  folio,  fractions  of  or  under  one-half  not  being 

counted,  and  of  one-half  or  more  being  counted  as  a  folio 0. 10 

(55-56  V.,  c.  24,  s.  7 ;  56  V.,  c.  34,  s.  4;  3  E.  VII.,  c.  46,  s.  11.) 

48.  For  every  copy  of  drawings,  the  person  applying  shall  pay 
;snch  sum  as  the  Commissioner  considers  a  fair  remuneration  for  the 


CANADA.  129 

time  and  labour  expended  thereon  by  any  officer  of  the  Patent  Office, 
or  of  the  Department,  or  person  employed  to  perform  such  service. 
(R.  S.,  c.  61,  s.  40.) 

49.  The  said  fees  shall  be  in  full  of  all  services  performed  under 
this  Act,  in  any  such  case,  by  the  Commissioner  or  any  person  em- 
ployed in  the  Patent  Office.     (R.  S.,  c.  61,  s.  41.) 

50.  All  fees  received  under  this  Act  shall  be  paid  over  to  the  Min- 
ister of  Finance,  and  shall  form  part  of  the  Consolidated  Revenue 
Fund  of  Canada,  except  such  sums  as  are  paid  for  copies  of  drawings 
when  made  by  persons  not  receiving  salaries  in  the  Patent  Office. 
(R.  S.,  c.  61,  s.*  42.) 

51.  No  person  shall  be  exempt  from  the  payment  of  any  fee  or 
charge  payable  in  respect  of  any  services  performed  for  such  person 
under  this  Act ;  and  no  fee,  when  paid,  shall  be  returned  to  the  person 
who  paid  it,  except — 

(a)  When  the  invention  is  not  susceptible  of  being  patented. 

(&)   When  the  petition  for  a  patent  is  withdrawn. 
(2)   In  every  such  case  the  commissioner  may  return  the  fee  paid  less 
the  sum  of  ten  dollars.     (R,  S.,  c.  61,  s.  43.) 

GENERAL.    . 

52.  The  Government  of  Canada  may,  at  any  time,  use  any  patented 
invention,  paying  to  the  patentee  such  sum  as  the  Commissioner  re- 
ports to  be  a  reasonable  compensation  for  the  use  thereof.     (R.  S., 
c.  61,  s.  44.) 

53.  No  patent  shall  extend  to  prevent  the  use  of  any  invention  in 
any  foreign  ship  or  vessel,  if  such  invention  is  not  so  used  for  the 
manufacture  of  any  goods  to  be  vended  within  or  exported  from 
Canada.     (R.  S.,  c.  61,  s.  45.) 

54.  Every  person  who,  before  the  issuing  of  a  patent,  has  pur- 
chased, constructed,  or  acquired  any  invention  for  which  a  patent 
is  afterwards  obtained  under  this  Act,  shall  have  the  right  of  using 
and  vending  to  others  the  specific  article,  machine,  manufactiire  or 
composition  of  matter  patented  and  so  purchased,  constructed,  or 
acquired  before  the  issue  of  the  patent  therefor,  without  being  liable 
to  the  .patentee  or  his  legal  representatives  for  so  doing;  but  the 
patent  shall  not,  as  regards  other  persons,  be  held  invalid  by  reason 
of  such  purchase,  construction,  or  acquisition  or  use  of  the  invention, 
by  the  person  first  aforesaid  or  by  those  to  whom  he  has  sold  the 
same,  unless  the  same  was  purchased,  constructed,  acquired,  or  used, 
with  the  consent  or  allowance  of  the  inventor  thereof,  for  a  longer 
period  than  one  year  before  the  application  for  a  patent  therefor, 
thereby  making  the  invention  one  which  has  become  public  and  in 
public  use.  '  (R,  S.,  c.  61,  s.  46.) 


130  CANADA. 

55.  Every  patentee  under  this  Act  shall  stamp  or  engrave  on  each 
patented  article  sold  or  offered  for  sale  by  him  the  year  of  the  date 
of  the  patent  applying  to  such  article,  thus  Patented,  1906,  or  as 
the  case  may  be;  or  when,  from  the  nature  of  the  article,  this  can 
not  be  done,  then  by  affixing  to  it,  or  to  every  package  wherein  one 
or  more  of  such  articles  is  or  are  inclosed,  a  label  marked  with  a 
like  notice:     (R.  S.,  c.  61,  s.  54.) 

56.  All  specifications,  drawings,   models,   disclaimers,   judgments 
and  other  papers,  except  caveats,  and  except  those  filed  in  connec- 
tion with  applications  for  patents  which  are  still  pending,  shall  be 
open  to  the  inspection  of  the  public  at  the  Patent  Office,  under  such 
regulations  as  are  adopted  in  that  behalf.     (R.  S.,  c.  61,  s.  47;  3  E. 
VII,  c.  46,  s.  12.) 

57.  The  Commissioner  may  destroy,  sell  or  otherwise  dispose  of, 
in  such  manner  as  he  deems  best  in  the  public  interest,  all  models 
and  specimens  of  composition  of  matter  and  of  ingredients  thereof 
filed  in  connection  with  applications  for  patents  of  invention  after 
they  have  served  their  immediate  purpose. 

(2)  All  money  arising  from  the  sale  or  disposal  of  such  models  or 
specimens  shall  be  paid  into  the  Consolidated  Revenue  Fund  of  Can- 
ada. (3E.  VII,  c.  46,  s.  15.) 

58.  Clerical  errors  which  occur  in  the  framing  or  copying  of  any 
instrument  in  the  Patent  Office  shall  not  be  construed  as  invalidating 
the  same,  but,  when  discovered,  they  may  be  corrected  under  the 
authority  of  the  Commissioner.    (R.  S.,  c.  61,  s.  48.) 

59.  If  any  patent  is  destroyed  or  lost,  a  certified  copy  thereof  may 
be  issued  in  lieu  thereof  upon  the  person  who  applies  therefor  pay- 
ing the  fees  hereinbefore  prescribed  for  office  copies  of  documents. 
(R.  S.,  c.  61,  s.  49 ;  53  V,  c.  13,  s.  4.) 

60.  Every  court,  judge  and  person  whosoever  shall  take  notice  of 
the  seal  of  the  Patent  Office  and  shall  receive  the  impressions  thereof 
in  evidence,  in  like  manner  as  the  impressions  of  the  Great  Seal  are 
received  in  evidence,  and  shall  also  take  notice  of  and  receive  in  evi- 
dence, without  further  proof  and  without  production  of  the  originals, 
all  copies  or  extracts  certified  under  the  seal  of  the  Patent  Office  to 
be  copies  of  or  extracts  from  documents  deposited  in  such  office. 
(R.  S.,  c.  61,  s.  50.) 

61.  No  officer  or  employee  of  the  Patent  Office  shall  buy,  sell  or 
acquire  or  traffic  in  any  invention  or  patent,  or  in  any  right  to  a 
patent;  and  every  such  purchase  and  sale,  and  every  assignment  or 
transfer  thereof  by  or  to  any  officer  or  employee,  as  aforesaid,  shall 
be  null  and  void,  but  this  provision  shall  not  apply  to  any  original 
inventor,  or  to  any  acquisition  by  bequest.     (R.  S.,  c.  61,  s.  51.) 

62.  The  Commissioner  may,  from  time  to  time,  subject. to  the  ap- 
proval of  the  Governor  in  Council,  make  such  rules  and  regulations, 


CHNADA.  131 

and  prescribe  such  forms  us  appear  to  him  necessary  and  expedient 
for  the  purposes  of  this  Act,  and  notice  thereof  shall  be  given  in  the 
Canada  Gazette;  and  all  documents,  executed  in  conformity  with  the 
same  and  accepted  by  the  Commissioner,  shall  be  held  valid,  so  far  as 
relates  to  proceedings  in  the  Patent  Office.  (R.  S.,  c.  61,  s.  52.) 

63.  The  Commissioner  shall  cause  a  report  to  be  prepared  annually 
and  laid  before  Parliament  of  the  proceedings  under  this  Act,  and 
shall,  from  time  to  time,  and  at  least  once  in  each  year,  publish  a 
list  of  all  patents  granted,  and  may  with  the  approval  of  the  Gov- 
ernor in  Council,  cause  such  specifications  and  drawings  as  are  deemed 
of  interest,  or  essential  parts  thereof,  to  be  printed,  from  time  to  time, 
for  distribution  or  sale.     (R.  S.,  c.  61,  s.  53.) 

OFFENSES   AND  PENALTIES. 

64.  Any  patentee  under  this  Act  who  sells  or  offers  for  sale  any 
article  patented  under  this  Act  not  stamped  or  engraved  with  the 
year  of  the  patent  applying  to  such  article,  or  when  from  the  nature 
of  the  article  this  can  not  be  done,  not  having  affixed  to  it  or  every 
package  wherein  one  or  more  of  such  articles  is  or  are  inclosed  a 
label  marked  with  the  year  of  the  date  of  the  patent  applying  to  such 
article  in  manner  and  form  provided  by  this  Act,  shall  be  liable  to  a 
penalty  not  exceeding  one  hundred  dollars,  and,  in  default  of  the 
payment  of  such  penalty,  to  imprisonment  for  a  term  not  exceeding 
two  months.     (R.  S.,  c.  61,  s.  54.) 

65.  Every  person  who — 

(a)  Writes,  paints,  prints,  moulds,  casts,  carves,  engraves,  stamps, 
or  otherwise  marks  upon  anything  made  or  sold  by  him,  and  for  the 
sole  making  or  selling  of  which  he  is  not  the  patentee,  the  name  or 
any  imitation  of  the  name  of  any  patentee  for  the  sole  making  or  sell- 
ing of  such  thing,  without  the  consent  of  such  patentee ;  or, 

(b)  Without  the  consent  of  the  patentee  writes,  paints,  prints, 
moulds,  casts,  carves,  engraves,  stamps,  .or  otherwise  marks  upon  any- 
thing not  purchased  from  the  patentee,  the  words,  Patent,  Letters 
Patent,  King^s  or  Queen's  Patent,  Patented,  or  any  word  or  words 
of  like  import,  with  the  intent  of  counterfeiting  or  imitating  the 
stamp,  mark,  or  device  of  the  patentee,  or  of  deceiving  the  public 
and  inducing  them  to  believe  that  the  thing  in  question  was  made  or 
sold  by  or  with  the  consent  of  the  patentee  or  his  legal  representa- 
tives; or, 

(c)  Offers  for  sale  as  patented  any  article  not  patented  in  Canada 
for  the  purpose  of  deceiving  the  public ; 

is  guilty  of  an  indictable  offense,  and  liable  to  a  fine  not  exceeding 
two  hundred  dollars,  or  to  imprisonment  for  a  term  not  exceeding 
three  months,  or  to  both.  (R.  S.,  c.  61,  s.  55.) 


132  CANADA. 

66.  Every  person  who  wilfully  makes  or  causes  to  be  made  any 
false  entry  in  any  register  or  book,  or  any  false  or  altered  copy  of  any 
document  relating  to  the  purposes  of  this  Act,  or  who  produces  or 
tenders  any  such  false  or  altered  document  in  evidence,  knowing  the 
same  to  be  such,  is  guilty  of  an  indictable  offense  and  shall  be  liable 
to  be  punished  by  fine  and  imprisonment  accordingly.  (R.  S.,  c. 
61,  s.  56.) 

CANADA— WAR  LEGISLATION. 

PATENTS — REGULATIONS — "  WAR  MEASURES  ACT  " — ORDER  IN  COUN- 
CIL OF  OCTOBER  2,  1914. 

[2436]  PRIVY  COUNCIL,  CANADA, 

AT  THE  GOVERNMENT  HOUSE  AT  OTTAWA, 

Friday,  the  2d  day  of  October,  1914- 

Present :  His  Royal  Highness  the  Governor  General  in  Council. 
The  Governor  General  in  Council,  under  and  in  virtue  of  the  author- 
ity conferred  by  "  The  War  Measures  Act,  1914,"  is  pleased  to  order  as 
follows : 

The  following  Orders  and  Regulations  respecting  Patents  of  Inven- 
tion are  hereby  made  and  established : 

1.  ".Commissioner"  means  the  Commissioner  of  Patents  and  in- 
cludes the  Deputy  Commissioner  of  Patents. 

2.  The  Commissioner  may,  on  the  application  of  any  person,  and 
subject  to  such  terms  and  conditions,  if  any,  as  he  may  think  fit,  order 
the  avoidance  or  suspension,  in  Avhole  or  in  part,  of  any  patent  or 
license,  the  person  entitled  to  the  benefit  of  which  is  the  subject  of 
any  State  at  war  with  His  Majesty,  and  the  Commissioner,  before 
granting  any  such  application,  may  require  to  be  satisfied  on  the 
following  heads: 

(a)  That  the  person  entitled  to  the  benefit  of  such  patent  or  license 
is  the  subject  of  a  State  at  war  with  His  Majesty. 

(b)  That  the  person  applying  intends  to  manufacture  or  cause  to 
be  manufactured,  the  patented  article,  or  to  carry  on,  or  cause  to  be 
carried  on  the  patented  process  within  the  Dominion  of  Canada. 

(c)  That  it  is  the  general  interests  of  the  country,  or  of  a  section  of 
the  community,  or  of  a  trade,  that  such  article  should  be  manufac- 
tured or  such  process  carried  on  as  aforesaid. 

The  fee  payable  on  such  application  shall  be  ten  dollars. 

The  Commissioner  may  at  any  time,  in  his  absolute  discretion,  re- 
voke any  avoidance  or  suspension  of  any  patent  or  license  ordered  by 
him. 

Provided  always  that  the  Commissioner  may  at  any  time,  if  in  his 
absolute  discretion  he  deems  it  expedient  in  the  public  interest,  order 


CANADA.  133 

the  avoidance  or  suspension  in  whole  or  in  part  of  any  such  patent  or 
license  upon  such  terms  and  conditions,  if  any.  as  he  may  think  fit. 

3.  In  any  case  in  which  the  Commissioner  makes  an  order  by  virtue 
of  the  powers  vested  in  him  under  these  Rules  and  Regulations  or  any 
of  them,  avoiding  or  suspending  in  whole  or  in  part  a  patent,  he  may, 
in  his  discretion,  grant  in  favour  of  persons  other  than  the  subject  of 
any  State  at  war  with  His  Majesty,  licenses  to  make,  use,  exercise  or 
vend  the  patented  invention  so  avoided  or  suspended,  upon  such  terms 
and  conditions  and  either  for  the  whole  term  of  the  patent  or  for  such 
less  period  as  the  Commissioner  may  think  fit. 

4.  The  Commissioner  may,  at  any  time  during  the  continuance  of 
these  Orders  and  Regulations,  avoid  or  suspend  any  proceedings  on 
any  application  made  under  The  Patent  Act  by  a  subject  of  any  State 
at  war  with  His  Majesty. 

5.  The  Commissioner  may  also,  at  any  time,  during  the  continuance 
of  these  Orders  and  Regulations,  extend  the  time  prescribed  by  The 
Patent  Act  or  any  rules  made  thereunder,  for  doing  any  act  or  filing 
any  document,  upon  such  terms  and  subject  to  such  conditions  as  he 
may  think  fit  in  the  following  cases,  namely : 

(d)  Where  it  is  shown  to  his  satisfaction  that  the  applicant,  pat- 
entee, or  proprietor,  as  the  case  may  be,  was  prevented  from  doing  the 
said  act,  or  filing  the  said  document,  by  reason  of  active  service  or 
enforced  absence  from  this  country,  or  any  other  circumstances  aris- 
ing from  the  present  state  of  war,  which  in  the  opinion  of  the  Com- 
missioner, would  justify  such  extension. 

(i>)  Where  the  doing  of  any  act  would,  by  reason  of  the  circum- 
stances arising  from  the  present  state  of  war,  be  prejudicial  or  injuri- 
ous to  the  rights  or  interests  of  any  applicant,  patentee,  or  proprietor 
as  aforesaid. 

Such  extension  of  any  prescribed  time,  if  granted  after  its.  expira- 
tion, shall  have  the  same  eifect  as  if  granted  prior  thereto,  provided 
such  expiration  occurred  on  or  after  the  4th  day  of  August,  1914. 

6.  The  Commissioner  may  refuse  to  register  the  assignment  of  any 
patent  made  by  a  subject  of  any  State  at  war  with  His  Majesty  and 
filed  in  the  Patent  Office  on  or  after  the  4th  day  of  August,  1914. 
unless  satisfied  that  such  assignment  was  made  in  good  faith  and  not 
for  the  purpose  of  evading  any  of  the  provisions  of  the  foregoing 
Orders  and  Regulations. 

7.  The  term  u  person  "  used  in  these  Orders  and  Regulations  shall, 
in  addition  to  the  meaning  given  thereto  by  paragraph  20  of  section  34 
of  "  The  Interpretation  Act,"  include  any  Government  department. 

8.  These  Orders  and  Regulations  shall  come  into  operation  as  and 
from  the  4th  day  of  August,  1914. 

9.  The  Orders  and  Regulations  respecting  Patents  of  Invention 
made  under  "The  War  Measures  Act,  1914.'*  and  dated  the   llth 


134  CANADA. 

September,   1914    (see  12   P.   &  T.  M.   Rev.,.  364  Ed.)    are  hereby 
rescinded  and  repealed. 

(Signed)  RODOLPHE  BOUDREAU, 

Clerk  of  the  Privy  Council. 

PATENTS  or  INVENTION — AMENDMENT  TO  ORDER  IN  COUNCIL  OF 
OCTOBER  2ND,  1914. 

AT  THE  GOVERNMENT  HOUSE  AT  OTTAWA. 

Friday,  the  8th  day  of  March,  1918. 

Present:  His  Excellency,  the  Governor  General  in  Council. 

His  Excellency,  the  Governor  General  in  Council,  on  the  recom- 
mendation of  the  Acting  Minister  of  Agriculture,  and  under  arui  by 
virtue  of  the*  provisions  of  the  War  Measures  Act,  1914,  is  pleased 
to  order  that  the  regulations  respecting  patents  of  invention,  estab- 
lished by  Order  in  Council  of  2nd  October,  1914  (P.  C.  Xo.  2,436), 
shall  be  and  the  same  are  hereby  amended  by  adding  thereto  the  fol- 
lowing regulation  No.  12 : 

REGULATION. 

"  12.  Any  person  to  whom  a  license  is  granted  to  make,  use,  exer- 
cise or  vend  a  patented  invention  under  the  provisions  of  regulation 
three,  shall  have  the  same  power  and  right  to  take  any  action  or  other 
legal  proceedings  to  prevent  or  restrain  any  infringement  of  the  said 
patent  which  affects  the  rights  of  such  person  under  such  license,  or 
to  recover  compensation  or  damages  for  any  such  infringement,  that 
the  owner  of  a  patent  would  have  for  an  infringement  of  his  patent." 

(Signed)  RODOLPHE  BOUDREAU, 

Clerk  of  the  Privy  Council. 


INDUSTRIAL    PROPERTY — ENEMY    COUNTRIES — WAR    MEASURES — 
ORDER  OF  FEBRUARY  8,  191;5. 

We  are  indebted  to  Mr.  Owen  N.  Evans,  of  Montreal,  for  the  text 
of  the  following  order : 

[I>.  C.<  291.] 

PRIVY  COUNCIL,  CANADA. 
AT  THE  GOVERNMENT  HOUSE  AT  OTTAWA. 

Monday,  the  8th  day  of  February,  1916. 

Present:  His  Royal  Highness  the  Governor  General  in  Council. 

His  Royal  Highness  the  Governor  General  in  Council  in  pursuance 

of  the  provisions  of  an  Order  in  Council  of  date  the  6th  day  of  Jan- 


CANADA.  135 

nary,  1915.  respecting  the  granting  of  licenses  in  connection  with  the 
Koyal  Proclamations  relating  to  Trading  with  the  Enemy,  published 
in  the  Canada  Gazette  on  the  12th  day  of  September,  1914,  and  the 
15th  day  of  October,  1914.  doth  hereby  give  and  grant  license  to  all 
persons  resident,  canning  on  business  or  being  in  the  Dominion  of 
Canada : 

To  pay  any  fees  necessary  for  obtaining  the  grant  or  for  obtain- 
ing the  renewal  of  patents  or  for  obtaining  the  registration  of  De- 
signs or  Trade-marks  or  the  renewal   of  such  registration  in  an 
""enemy  country" : 

And  also  to  pay  on  behalf  of  an  "enemy"  any  fees  payable  in  the 
Dominion  of  Canada  on  application  for  or  renewal  of  the  grant  of  a 
patent  or  on  application  for  the  registration  of  Designs  or  Trade- 
marks or  the  renewal  of  such  registration. 

The  expression  "enemy  country"  herein  means  the  territories  of 
the  German  Empire  and  of  the  Dual  Monarchy  of  Austria-Hungary, 
together  with  all  the  Colonies  and  Dependencies  thereof,  as  well  as 
the  Dominions  of  His  Imperial  Majesty  the  Sultan  of  Turkey  other 
than  any  territory  in  the  occupation  of  His  Britannic  Majesty  or  His 
Allies. 

The  expression  "enemy"  herein  means  any  person  or  body  of  per- 
sons of  whatever  nationality  resident  or  carrying  on  business  in  the 
enemy  country,  but  does  not  include  persons  of  enemy  nationality 
who  are  neither  resident  nor  carrying  on  business  in  the  enemy 
•country.  In  the  case  of  incorporated  bodies,  enemy  character  at- 
taches only  to  those  incorporated  in  an  enemy  country. 

(Signed)  RODOLPHE  BOUDREAU, 

Clerk  of  the  Privy  Council. 

PATENTS — REGULATIONS — "WAR  MEASURES  ACT" — ORDER  IN  COUN- 
CIL (AMENDATORY)  OF  FEBRUARY  14,  1916. 

AT  THE  GOVERNMENT  HOUSE  AT  OTTAWA, 

Monday ',  the  14th  day  of  February,  1916. 

Present :  His  Royal  Highness  the  Governor  General  in  Council. 

His  Royal  Highness  the  Governor  General  in  Council  is  pleased  to 
order  that  the  Orders  and  Regulations  respecting  Patents  of  Inven- 
tion of  date  the  2nd  October,  1914,1  made  under  and  in  virtue  of  the 
authority  conferred  by  The  War  Measures  Act,  1914,  shall  be  and  the 
same  are  hereby  amended  as  follows : 

1.  That  section  5  of  said  Orders  and  Regulations  be  amended  by 
adding  thereto  "  and  shall  be  valid  notwithstanding  any  previous 
extension  or  extensions  granted  either  under  authority  of  The  Patent 
Act  or  these  Orders  and  Regulations. 

13  P.  &  T.  M.  Rev.,  11. 


136  CANADA. 

2.  That   the    following   section   be    added: 

"  10.  In  any  'case  in  which  through  circumstances  arising  from  the 
present  state  of  war  the  Commissioner  may  deem  it  expedient,  he 
may  order  that  during  the  continuance  of  the  war  and  for  six  months 
thereafter,  neither  the  failure  to  construct  or  manufacture  in  Canada 
any  patented  invention  nor  the  importation  of  such  invention  into 
Canada  shall  in  any  way  affect  the  validity  of  the  patent  granted  in 
respect  of  such  invention,  notwithstanding  anything  in  The  Patent 
Act  or  in  such  patent." 

(Signed)  RODOLPHE  BOUDREAU, 

Clerk  of  the  Privy  Council. 


FRANCE. 

[Law  of  the  5th  of  July.    1844.1 

CHAPTER  1. 
GENERAL,  PROVISIONS. 

ARTICLE  1.  Every  new  discovery  or  invention,  in  all  departments  of 
industry,  confers  upon  its  author,  under  the  conditions  and  for  the 
term  hereinafter  mentioned,  the  exclusive  right  of  working  for  his 
own  profit  the  said  discovery  or  invention.  . 

This  right  is  established  by  deeds  delivered  by  the  Government, 
under  the  name  of  Patents  of  Invention. 

ART.  2.  The  following  shall  be  considered  as  new  inventions  or 
discoveries : 

The  invention  of  new  industrial  products. 

The  invention  of  new  methods,  or  the  new  application  of  known 
methods,  for  obtaining  an  industrial  result  or  product. 

ART.  3.  The  following  are  not  patentable: 

1.  Pharmaceutical  compositions  and  remedies  of  all  kinds,  such 
objects  remaining  subject  to  the  special  laws  and  regulations  for 
these  matters,  and  especially  to  the  decree  of  the  18th  of  August, 
1810,  relating  to  secret  remedies. 

2.  Schemes  and  combinations  relating  to  credit  or  finance. 

ART.  4.  The  duration  of  patents  shall  be  five,  ten,  or  fifteen  years. 

Every  patent  shall  be  subject  to  the  payment  of  a  tax  fixed  as 
follows : 

Five  hundred  francs  for  a  patent  of  five  years. 

One  thousand  francs  for  a  patent  of  ten  years. 

Fifteen  hundred  francs  for  a  patent  of  fifteen  years. 

This  tax  shall  be  paid  by  annuities  of  one  hundred  francs,  under 
penalty  of  forfeiture  if  the  patentee  allow  any  year  to  elapse  without 
paying  it. 

CHAPTER  II. 

FORMALITIES  RESPECTING  THE  DELIVERY  OF  PATENTS. 

Section  I. — Applications  for  Patents. 

ART.  5.  Any  person  who  may  wish  to  obtain  a  patent  of  inven- 
tion shall  deposit  under  seal,  at  the  office  of  the  Secretary  of  the  Pre- 
137 


138  FRANCE. 

fecture  in  the  department  which  he  is  domiciled,  or  in  any  other 
department,  on  electing  domicile  there: 

1.  His  petition  to  the  Minister  of  Agriculture  and  Commerce; 

2.  A  specification  of  the  discovery,  invention,  or  application  form- 
ing the  subject  of  the  patent  applied  for; 

3.  The  drawings  or  specimens  which  may  be  necessary  for  the 
comprehension  of  the  specification;  and, 

4.  A  memorandum  of  the  documents  deposited. 

In  the  Department  of  the  Seine  applications  for  patents  shall  be 
lodged  at  the  bureaux  of  the  National  Office  of  Industrial  Property. 

[NOTE. — The  words  in  italic  were  added  by  the  Finance  Law  of  the  26th  of 
December,  1908.] 

ART.  6.  The  application  shall  be  limited  to  a  single  principal  ob- 
ject, with  the  points  of  detail  that  constitute  it,  and  its  applications 
which  shall  be  indicated. 

It  shall  mention  the  duration  which  the  applicants  wish  to  assign 
to  their  patent  within  the  limits  fixed  by  Article  4,  and  shall  contain 
neither  restrictions,  conditions,  nor  reservations. 

It  shall  set  forth  a  title  containing  a  short  and  precise  designation 
of  the  object  of  the  invention. 

The  specification  may  not  be  written  in  a  foreign  language.  It 
should  be  without  alterations  or  interlineations.  Words  erased  shall 
be  counted  and  verified,  the  pages  and  references  being  initialed.  It 
should  not  contain  any  denomination  of  weights  or  measures  other 
than  those  inserted  in  the  table  annexed  to  the  law  of  the  4th  of 
July,  1837. 

The  drawings  shall  be  made  in  ink  and  to  a  metrical  scale. 

A  duplicate  of  the  specification  and  drawings  shall  be  annexed 
to  the  petition. 

All  documents  shall  be  signed  by  the  applicant  or  by  an  attorney, 
whose  power  shall  remain  annexed  to  the  petition. 

ART.  7.  (of  the  Law  of  the  9th  of  July,  1901).  The  drawings  ac- 
companying applications  for  patents  of  invention  and  certificates  of 
addition,  in  conformity  with  the  provisions  of  Article  6  of  the  Law  of 
the  5th  of  July,  1844,  shall  be  prepared  in  the  form  and  to  the  scale  to 
be  determined  by  a  decree  of  the  Minister  of  Commerce,  Industry, 
Posts  and  Telegraphs. 

ART.  7.  No  deposit  shall  be  received  except  on  the  production  of 
a  receipt  proving  the  payment  of  a  sum  of  one  hundred  francs  on  ac- 
count of  the  patent  tax. 

A  report  drawn  up  without  charge  by  the  General  Secretary  of 
the  Prefecture  in  the  Departments  and  by  the  Director  of  the  National 
Office  of  Industrial  Property  in  Paris  shall  prove  every  deposit, 
indicating  the  day  and  hour  when  the  documents  were  delivered. 

[NOTE. — The  words  in  italic  v/ere  substituted  by  the  Finance  Law  of  the  261  b 
of  December,  1908.] 


FRANCE.  139 

A  copy  of  the  said  report  shall  be  remitted  to  the  depositor  on 
paying  the  cost  of  the  stamp. 

ART.  8.  The  term  of  the  patent  shall  run  from  the  day  of  the  de- 
posit prescribed  by  Article  5. 

SECTION  II. — Delivery  of  Patents. 

ART.  9.  Immediate^  after  registration  of  the  petitions,  and  with- 
in five  days  from  the  date  of  the  deposit,  the  Prefects  shall  transmit 
the  documents,  under  the  seal  of  the  inventor,  to  the  Minister  of 
Agriculture  and  Commerce,  adding  thereto  a  -certified  copy  of  the 
report  on  the  deposit,  the  receipt  proving  the  payment  of  the  tax, 
and,  if  there  be  one,  the  poAver  mentioned  in  Article  6. 

ART.  4  (of  the  Law  of  the  9th  of  July,  1901).  The  work  connected 
with  patents  of  invention  *  *  *  carried  on  at  the  Ministry  of 
Commerce,  Industry,  Posts  and  Telegraphs  is  transferred  to  the  Con- 
servatoire National  des  Arts  et  Metiers. 

ART.  10.  On  the  arrival  of  the  documents  at  the  Ministry  of  Agri- 
culture and  Commerce  (see  Art.  9)  they  shall  be  opened,  the  petitions 
registered,  and  the  patents  issued  in  the  order  of  the  receipt  of  the 
said  petitions. 

ART.  11.  Patents  applied  for  in  due  form  shall  be  granted  without 
previous  examination  at  the  risk  and  peril  of  the  applicants,  and 
without  guarantee  either  of  the  reality,  novelty,  or  merit  of  the  in- 
vention, or  the  accuracy  or  correctness  of  the  specification. 

A  decree  of  the  Minister  certifying  the  regularity  of  the  appli- 
cation shall  be  granted  to  the  applicant,  and  shall  constitute  the 
patent  of  invention. 

To  this  decree  shall  be  annexed  a  printed  copy  of  the  specification 
and  drawings  mentioned  in  Article  24  after  its  conformity  with  the 
original  has  been  verified  and,  if  necessary,  established. 

The  first  copy  of  patents  shall  be  delivered  gratis. 

All  subsequent  copies  required  by  the  patentee  or  by  persons  en- 
titled through  him  shall  be  subject  to  a  tax  of  twenty-five  francs. 

The  cost  of  the  drawings,  if  any,  shall  be  paid  by  the  person  re- 
quiring them. 

The  patent  shall  not  be  issued  until  one  year  after  the  date  of  lodg- 
ing of  the  application  if  the  said  application  contain  an  express 
request  to  that  effect. 

The  benefit  of  the  forego-ing  provision  can  not  be  claimed  by  per- 
sons who  have  already  profited  by  periods  of  priority  given  by 
treaties  of  reciprocity,  and  especially  by  Article  4  of  the  International 
Convention  of  the  20th  of  March,  1883,  for  the  Protection  of  Indus- 
trial Property. 

[NOTE. — The  words  in  italic  were  added  by  the  Law  of  the  7th  of  April,  1902.} 


140  FRANCE. 

ART.  12.  Every  application  in  which  the  formalities  prescribed  by 
Nos.  2  and  3  of  Article  5,  and  by  Article  6,  have  not  been  observed 
shall  be  rejected. 

One-half  of  the  sum  paid  shall  belong  to  the  Treasury;  but  the 
whole  sum  will  be  carried  to  the  account  of  the  applicant  if  he  renew 
his  application  within  a  term  of  three  months,  reckoning  from  the 
date  of  the  notice  of  rejection  of  his  application. 

ART.  13.  Whenever,  in  pursuance  of  Article  3,  a  patent  can  not  be 
granted,  the  tax  shall  be  refunded. 

ART.  14.  A  Royal  Ordinance  inserted  in  the  Bulletin  des  Lois  every 
three  months  shall  announce  the  patents  granted. 

ART.  15.  The  term  of  patents  can  only  be  extended  by  a  law. 

Section  III. — Certificates  of  addition. 

ART.  16.  The  patentee  or  parties  entitled  under  the  patent  shall 
during  the  whole  term  of  the  patent  be  entitled  to  make  alterations, 
improvements,  or  additions  to  the  invention  by  complying,  when 
lodging  a  petition,  with  the  formalities  prescribed  by  Articles  5,  6, 
and  7. 

These  alterations,  improvements,  and  additions  shall  be  authenti- 
cated by  certificates,  granted  in  the  same  form  as  the  principal  pat- 
ent, and  having,  from  the  respective  dates  of  the  petition  and  the 
grant,  the  same  effect  as  the  said  principal  patent,  with  which  they 
shall  expire. 

Every  application  for  a  certificate  of  addition  shall  be  subject  to 
the  payment  of  a  tax  of  twenty  francs. 

Certificates  of  addition  taken  by  one  of  the  persons  entitled  inures 
to  the  benefit  of  all  the  others. 

ART.  17.  Every  patentee  who,  for  an  alteration,  improvement,  or 
addition,  Avishes  to  take  a  principal  patent  of  five,  ten,  or  fifteen  years, 
instead  of  a  certificate  of  addition  expiring  with  the  original  patent, 
must  comply  with  the  formalities  prescribed  by  Articles  5,  6,  and  7. 
and  pay  the  tax  mentioned  in  Article  4. 

ART.  18.  None  but  the  patentee  or  persons  entitled  through  him, 
acting  as  above  mentioned,  can  during  one  year  legally  obtain  a 
patent  for  an  alteration,  improvement,  or  addition  to  the  invention 
which  forms  the  subject  of  the  original  patent. 

Nevertheless,  any  person  who  shall  wish  to  obtain  a  patent  for  an 
alteration,  addition,  or  improvement  in  a  discovery  already  patented, 
may  during  the  said  year  make  an  application,  which  shall  be  trans- 
mitted to  and  remain  deposited  under  seal  at  the  Ministry  of  Agri- 
culture and  Commerce.  (See  Art.  9.) 

At  the  expiration  of  that  year  the  seal  shall  be  broken  and  the 
patent  granted. 


FRANCE.  141 

Nevertheless,  the  original  patentee  shall  have  the  preference  for 
all  alterations,  improvements,  and  additions  for  which  he  shall  have 
demanded  during  that  year  a  certificate  of  addition  or  a  patent. 

ART.  19.  Whoever  shall  have  taken  a  patent  for  a  discovery,  in- 
vention, or  application  connected  with  the  subject  of  another  patent 
shall  have  no  right  to  work  the  invention  already  patented,  and, 
reciprocally,  the  owyner  of  the  original  patent  can  not  work  the 
invention  which  forms  the  subject  of  the  new  patent. 

SECTION  IV. — Assignment  and  Transfer  of  Patents. 

ART.  20.  Any  patentee  may  transfer  the  whole  or  part  of  the  own- 
ership of  his  patent. 

The  transfer  of  the  whole  or  part  of  a  patent,  either  gratuitously 
or  for  a  consideration,  can  only  be  effected  by  notarial  act  and  after 
the  payment  of  the  whole  of  the  tax  prescribed  by  Article  4. 

No  transfer  shall  be  valid  as  regards  third  parties  until  it  has  been 
registered  at  the  office  of  the  Secretary  of  the  Prefecture  of  the  de- 
partment in  which  the  deed  has  been  executed. 

The  registration  of  deeds  executed  in  the  Department  of  the  Seine 
shall  ~be  effected  in  the  Bureaux  of  the  National  Office  of  Industrial 
Property. 

[NOTE. — The  words  in  italic  were  inserted  by  the  Finance  Law  of  26th  of 
December,  1908.] 

The  registration  of  assignments  and  of  all  other  acts  entailing  a 
transfer  shall  be  effected  on  the  production  and  deposit  of  an 
authentic  extract  from  the  deed  of  assignment  or  transfer. 

A  copy  of  each  entry  of  registration,  together  with  the  extract  from 
the  deed  above  mentioned,  shall  be  forwarded  by  the  Prefects  to  the 
Minister  of  Agriculture  and  Commerce  (see  Art.  9)  within  five  days  of 
the  date  of  entry. 

ART.  21.  There  shall  be  kept  at  the  Ministry  of  Agriculture  and 
Commerce  (see  Art.  9)  a  register  in  which  shall  be  inscribed  the 
changes  in  the  ownership  of  each  patent,  and  every  three  months  a 
Royal  Ordinance  shall  publish,  in  the  form  prescribed  by  Article  14, 
the  changes  registered  during  the  preceding  quarter. 

ART.  22.  Licensees  under  a  patent,  and  those  who  may  have 
acquired  from  a  patentee  or  from  persons  entitled  through  him  the 
right  to  work  the  discovery  or  invention,  shall  as  of  right  profit  by 
the  certificates  of  addition  which  may  afterwards  be  granted  to  the 
patentee  or  to  persons  entitled  through  him.  Reciprocally,  the  pat- 
entee or  persons  entitled  through  him  shall  profit  by  certificates  of 
addition  which  may  afterwards  be  granted  to  the  licensees. 

All  those  who  may  have  a  right  to  profit  by  certificates  of  addition 
may  obtain  a  copy  at  the  Ministry  of  Agriculture  and  Commerce  by 
paying  a  fee  of  twenty  francs. 


142  FRANCE. 

SECTION  V. — Inspection  and  Publication  of  Specifications  and  Draw- 
ings of  Patents. 

ART.  23.  The  specifications,  drawings,  specimens,  and  models  of 
patents  granted  shall,  until  the  expiration  of  the  patents,  remain 
deposited  at  the  Ministry  of  Agriculture  and  Commerce  (see  Art.  9), 
where  they  may  be  inspected  free  of  charge  by  every  applicant. 

Any  person  may  obtain,  at  his  own  expense,  a  copy  of  the  said 
specifications  and  drawings,  according  to  the  forms  to  be  established 
by  the  regulations  prescribed  in  accordance  with  Article  50. 

Art.  6  (of  the  Law  of  the  9th  of  July,  1901).  The  archives,  collec- 
tions, effects,  and  stock  connected  with  the  work  of  patents  *  *  * 
shall  cease  to  be  included  in  the  inventory  of  the  Minister  of  Com- 
merce, Industry,  Posts  and  Telegraphs,  and  shall  be  taken  over  by  the 
responsible  officer  of  the  Conservatoire  National  des  Arts  et  Metiers. 

ART.  24  (as  amplified  by  the  Law  of  the  7th  of  April,  1902).  The 
specifications  and  drawings  of  all  patents  of  invention  and  certificates 
of  addition  shall  be  published  in  extenso  in  separate  pamphlets  in 
the  order  of  their  registration. 

In  cases  where  a  request  has  been  made  to  delay  the  issue  of  the 
patent  for  a  year,  as  provided  in  Article  11,  this  publication  shall 
only  take  place  after  the  expiry  of  this  delay. 

There  shall  also  be  published  a  catalogue  of  patents  of  invention 
issued. 

A  decree  of  the  Minister  of  Commerce  and  Industry  shall  de- 
termine (1)  the  form,  size,  and  wording  of  the  specifications  and 
drawings,  and  also  the  price  of  the  printed  specifications  and  the 
rules  for  the  publication  of  the  catalogue;  (2)  the  conditions  to  be 
complied  with  by  persons  who,  after  lodging  an  application  for  a 
patent  in  France  and  being  desirous  of  lodging  similar  applications 
abroad  before  the  issue  of  the  French  patent,  wish  to  obtain  an  official 
copy  of  the  documents  relating  to  their  application  in  France.  Each 
issue  of  this  kind  shall  be  subject  to  a  fee  of  twenty-five  francs.  The 
cost  of  the  drawings,  if  any,  must  be  borne  by  the  applicant. 

ART.  25.  The  collection  of  specifications  and  drawings  and  the 
catalogue  published  according  to  the  preceding  article  shall  be  de- 
posited at  the  Ministry  of  Agriculture  and  Commerce,  and  at  the  office 
of  the  Secretary  of  the  Prefecture  of  each  Department,  where  they 
may  be  inspected  free  of  charge. 

ART.  26.  On  the  expiration  of  patents  the  original  specifications 
and  drawings  shall  be  deposited  in  the  Royal  Conservatory  of  Arts 
and  Crafts. 


FBANCE.  143 

CHAPTER  III. 

•RIGHTS  OF  FOREIGNERS. 

ART.  27.  Foreigners  may  obtain  patents  of  invention  in  France. 

ART.  28.  The  formalities  and  conditions  prescribed  by  the  present 
law  shall  be  applicable  to  patents  applied  for  or  granted  in  com- 
pliance with  the  preceding  article. 

ART.  29.  The  author  of  an  invention  or  discovery  already  patented 
abroad  may  obtain  a  patent  in  France;  but  the  duration  of  this 
patent  must  not  exceed  that  of  the  patents  previously  obtained 
abroad. 

CHAPTER  IV. 

ANNULMENTS  AND  FORFEITURES,   AM)  ACTIONS  RELATING  THERETO. 

SECTION  I. — Annulments  and  Forfeitures. 

ART.  30.  Patents  granted  under  the  following  circumstances  shall 
be  null  and  of  no  effect : 

1.  If  the  discovery,  invention,  or  application  be  not  new. 

2.  If  the  discovery,  invention,  or  application  be  not  patentable 
according  to  Article  3. 

3.  If  the  patents  refer  to  theoretical  or  purely  scientific  principles, 
methods,  systems,  discoveries,  and  conceptions,  the  industrial  appli- 
cations of  which  are  not  indicated. 

4.  If  the  discovery,  invention,  or  application  be  found  to  be  con- 
trary to  public  order  or  safety,  to  morals,  or  to  the  laws  of  the 
country,  without  prejudice  in  such  a  case,  and  in  that  of  the  preced- 
ing paragraph,  to  any  penalties  which  may  be  incurred  by  the  manu- 
facture or  sale  of  the  prohibited  articles. 

5.  If  the  title  under  which  the  patent  has  been  applied  for  fraudu- 
lently indicate  an  object  other  than  the  real  object  of  the  invention. 

6.  If  the  specification  annexed  to  the  patent  be  not  sufficient  for 
working  the  invention,  or  if  it  do  not  point  out  in  a  complete  and 
fair  manner  the  real  means  employed  by  the  inventor. 

7.  If  the  patent  have  been  obtained  contrary  to  the  provisions  of 
Article  18. 

Certificates  comprising  alterations,  improvements,  or  additions 
which  are  not  connected  with  the  original  patent  shall  likewise  be 
null  and  of  no  effect. 

ART.  31.  No  discovery,  invention,  or  application  shall  be  considered 
as  now  Avhich.  in  France  or  abroad,  and  before  the  date  of  the  de- 
posit of  the  application,  has  received  sufficient  publicity  to  enable  it 
to  be  worked. 

ART.  32.  The  following  shall  be  deprived  of  all  their  rights : 

93169—10 10 


144  FRANCE. 

1.  The  patentee  who  has  not  paid  his  annuity  before  the  beginning 
of  each  year  of  the  term  of  his  patent. 

The  interested  party  shall  always  have  an  extension  of  three 
months,  at  most,  in  which  to  pay  his  annuity;  but  there  must  ~be  paid, 
in  addition,  a  supplementary  tax  of  five  francs  if  he  make  the  payment 
in  the  first  month,  of  ten  francs  if  he  make  the  payment  in  the  second 
month,  and  of  fifteen  francs  if  he  make  the  payment  in  the  third 
'month. 

This  supplementary  tax  'must  ~be  paid  at  the  same  time  as  the 
annuity  in  am*ear. 

[NOTE. — The  words  in  italic  were  inserted  by  the  Law  of  the  7th  of  April, 

1902.] 

2.  The  patentee  who  has  not  worked  his  discovery  or  invention  in 
France  within  the  term  of  two  years  from  the  date  of  the  signature 
of  his  patent,  or  who  has  ceased  to  work  it  during  two  consecutive 
years,  unless,  in  the  one  case  or  the  other,  he  justify  himself  as  to  the 
causes  of  his  inaction. 

3.  The  patentee  who  has  introduced  into  France  articles  manufac- 
tured abroad  and  similar  to  those  which  are  protected  by  his  patent. 
Nevertheless   the  Minister  of  Agriculture,   Commerce,  and  Public 
Works  may  authorize  the  introduction: 

1.  Of  models  of  machines; 

2.  Of  articles  made  abroad  intended  for  public  exhibitions  or  for 
trials  made  with  the  consent  of  the  Government. 

[NOTE. — The  words  in  italic*  were  substituted  by  the  Law  of  the  31st  of  May, 

1856.] 

ART.  33.  Whoever,  in  sign-boards,  advertisements,  prospectuses, 
placards,  marks,  or  stamps,  calls  himself  patentee,  without  possessing 
a  patent  granted  conformably  to  law,  or  after  the  expiration  of  a 
prior  patent ;  or  who,  being  a  patentee,  mentions  his,  title  of  patentee, 
or  his  patent,  without  adding  the  words,  "  sans  garantie  du  gouveme- 
ment"  shall  be  subject  to  a  fine  of  from  fifty  to  one  thousand  francs. 

In  the  event  of  a  repetition  of  the  offense  the  fine  may  be  doubled. 

SECTION  II. — Actions  for  annulment  and  forfeiture. 

ART.  34.  An  action  for  annulment  or  an  action  for  forfeiture  may 
be  brought  by  all  persons  interested  therein. 

These  actions,  as  well  as  all  disputes  relating  to  the  ownership  of 
patents,  shall  be  brought  before  the  civil  tribunals  of  first  instance. 

ART.  35.  If  the  claim  be  brought  at  the  same  time  against  the 
owner  of  the  patent  and  one  or  several  partial  licenses,  it  shall  be 
brought  before  the  tribunal  of  the  domicile  of  the  owner  of  the 
patent. 


FRANCE.  145 

ART.  36.  The  case  shall  be  examined  and  decided  in  the  form  pre- 
scribed for  summary  matters  by  Article  405  and  following  of  the 
Code  of  Civil  Procedure.  It  shall  be  communicated  to  the  Procureur 
du  Rot. 

ART.  37.  In  every  suit  tending  to  the  annulment  or  forfeiture  of  a 
patent,  the  Public  Ministry  may  intervene  and  take  steps  to  have  the 
absolute  nullity  or  forfeiture  of  the  patent  pronounced. 

The  Ministry  may  also  proceed  directly,  by  original  action,  to  have 
the  annulment  pronounced  in  the  cases  provided  for  in  Nos.  2,  4,  and 
5  of  Article  30. 

ART.  38.  In  cases  coming  under  Article  37,  all  persons  entitled 
under  the  patent  whose  titles  have  been  registered  at  the  Ministry 
of  Agriculture  and  Commerce  (see  Art.  9).  conformably  to  Article 
21,  must  be  parties  to  the  action. 

ART.  39.  When  the  absolute  annulment  or  forfeiture  of  a  patent 
lias  been  pronounced  by  a  finally  effective  judgment  or  decree,  notice 
shall  be  given  to  the  Ministry  of  Agriculture  and  Commerce,  and  the 
annulment  or  forfeiture  shall  be  published  in  the  form  prescribed  by 
Article  14  for  announcing  patents. 

CHAPTER  V. 

INFRINGEMENTS,    PROSECUTIONS,    AND    PENALTIES. 

ART.  40.  Every  interference  with  the  rights  of  a  patentee,  either 
by  the  manufacture  of  the  products  or  by  using  the  means  forming 
the  subject  of  his  patent,  constitutes  the  offense  of  infringement. 

That  offense  shall  be  punished  by  v  fine  of  from  one  hundred  t,o 
two  thousand  francs. 

ART.  41.  Those  who  have  knowingly  received,  sold,  or  exposed  for 
pale,  or  introduced  into  French  territory  one  or  more  infringing 
articles,  shall  be  punished  with  the  same  penalties  as  infringers. 

ART.  42.  The  penalties  established  by  the  present  law  shall  not  be 
cumulative. 

The  highest  penalty  shall  be  inflicted  as  covering  all  offenses  prior 
to  the  commencement  of  the  prosecution. 

ART.  43.  In  case  of  a  repetition  of  the  offense,  there  shall  be  in- 
flicted, in  addition  to  the  fine  prescribed  by  Articles  40  and  41,  im- 
prisonment of  from  one  to  six  months. 

It  shall  be  considered  a  repetition  of  the  offense  if  the  accused  have 
during  the  five  previous  years  undergone  a  first  punishment  for  one 
of  the  offenses  coming  under  the  present  law. 

Imprisonment  of  from  one  to  six  months  may  also  be  inflicted  if 
the  inf ringer  be  a  workman  or  employee  who  has  worked  in  tht, 


146  FRANCE. 

factory  or  establishment  of  the  patentee  or  if  the  infringer,  having 
associated  himself  with  a  workman  or  an  employee  of  the  patentee, 
have  become  acquainted  through  the  latter  with  the  processes  de- 
scribed in  the  patent. 

In  the  latter  case  the  workman  or  employee  may  be  prosecuted  as 
an  accomplice. 

ART.  44.  Article  463  of  the  Penal  Code  may  be  applied  to  offenses 
provided  for  by  the  preceding  provisions. 

ART.  45.  Penal  proceedings  for  imposing  the  above  penalties  can 
not  be  brought  by  the  Public  Ministry  except  on  the  complaint  of 
the  injured  party. 

ART.  46.  The  Criminal  Court  before  which  an  action  for  the  offense 
of  infringement  is  brought  shall  decide  on  the  objections  raised  by 
the  accused,  whether  as  to  the  nullity  or  forfeiture  of  the  patent,  or 
as  to  questions  relating  to  the  ownership  of  the  said  patent. 

ART.  47.  The  proprietors  of  the  patent  may,  by  virtue  of  an  order 
of  the  president  of  the  tribunal  of  first  instance,  proceed,  by  the 
officers  of  the  Court,  to  have  inventoried,  Avith  or  without  seizure,  the 
articles  said  to  be  infringements. 

This  order  shall  be  issued  on  a  simple  request  and  on  the  produc- 
tion of  the  patent;  it  shall  contain,  if  necessary,  the  nomination  of  an 
expert  to  assist  the  officer  in  his  inventory. 

When  a  seizure  is  to  be  made,  the  said  order  may  require  security 
from  the  applicant,  which  shall  be  given  before  the  matter  is  pro- 
ceeded with. 

Security  shall  always  be  required  from  a  foreign  patentee  who  de- 
mands a  seizure. 

A  copy  of  the  order  and  of  the  deed  certifying  that  the  security,  if 
required,  has  been  deposited,  shall  be  left  with  the  holder  of  the 
articles  inventoried  or  seized,  under  pain  of  annulment  of  the  pro- 
ceedings and  of  damages  against  the  officer. 

ART.  48.  In  default  of  the  applicant  suing,  either  by  civil  or 
criminal  proceedings,  within  eight  days,  besides  one  day  for  every 
three  myriametres'  distance  between  the  place  where  the  articles 
seized  or  inventoried  were  found  and  the  residence  of  the  infringer, 
concealer,  importer,  or  seller,  the  seizure  or  inventory  shall  be  legally 
void,  without  prejudice  to  the  damages  which  may,  if  they  have 
risen,  be  claimed  in  the  form  prescribed  by  Article  36. 

ART.  49.  The  confiscation  of  the  articles  held  to  be  infringements, 
and,  if  the  case  arise,  of  the  instruments  or  tools  specially  designed 
for  their  manufacture,  shall  be  pronounced  against  the  maker,  con- 
cealer, importer,  or  seller  even  in  case  of  an  acquittal. 

The  confiscated  articles  shall  be  delivered  to  the  owner  of  the 
patent,  without  prejudice  to  his  claiming  further  damages,  and  to 
the  placarding  of  the  judgment  according  to  circumstances. 


FRANCE.  147 

CHAPTER  VI. 

SPECIAL    AND    TRANSITORY   PROVISIONS. 

ART.  50.  Royal  Ordinances  for  the  regulation  of  the  public  admin- 
istration shall  prescribe  the  necessary  provisions  for  the  execution 
of  the  present  law,  which  shall  not  come  into  force  until  three 
months  after  its  promulgation. 

ART.  51.  Ordinances  delivered  in  the  same  form  may  regulate  the 
application  of  the  present  law  to  the  Colonies,  with  the  modifications 
that  may  be  judged  necessary. 

ART.  52.  The  following  are  to  be  repealed  from  the  day  when  the 
present  law  comes  into  execution :  The  laws  of  the  Tth  January  and 
25th  May.  1791 ;  of  the  20th  September,  1792 ;  the  decree  of  the  17th 
Vericlemiaire.  of  the  year  VII;  the  decree  of  the  5th  Vendemiaire, 
of  the  year  IX;  the  decrees  of  the  25th  November,  1806,  and  25th 
January,  1807;  and  all  provisions  prior  to  the  present  law,  relating 
to  patents  of  invention,  importation,  and  improvement. 


Law  of  the  15tJi  of  April,  190%. 

[Law  approving  the  additional  Act,  signed  at  Brussels,  on  the  14th  of  December,  1900. 
modifying  the  Convention  of  the  20th  of  March,  1883,  relative  to  the  international 
protection  of  industrial  property,  and  also  the  protocol  annexed  to  the  Convention.] 

The  President  of  the  Republic  is  authorized  to  ratify  and,  if  neces- 
sary, to  issue  a  decree  giving  force  to  the  additional  Act  signed  at 
Brussels  on  the  llth  of  December,  1900,  modifying  the  Convention  of 
the  20th  of  March,  1883,  relative  to  the  international  protection  of 
industrial  property  and  also  the  protocol  annexed  to  the  Convention. 

An  authentic  copy  of  the  additional  Act  of  the  14th  of  December, 
1900,  shall  be  annexed  to  this  law. 

[Law  of  the  llth  of  April,  1908,  relating  to  the  temporary  protection  of  industrial 
property  in  official  or  officially  recognized  international  Exhibitions  abroad  and  in  Ex- 
hibitions organized  in  France  or  the  Colonies  with  the  authorization  or  under  the 
patronage  of  the  Government.] 

ARTICLE  I.  Temporary  protection  is  granted  to  patentable  inventions 
to  industrial  designs  and  models,  and  to  manufacturing  or  com- 
mercial marks  for  articles  which  may  be  duly  admitted  to  official 
or  officially  recognized  International  Exhibitions  abroad. 

This  protection,  the  term  of  which  is  fixed  at  twelve  months  dating 
from  the  official  opening  of  the  Exhibition,  shall  have  the  effect  of 
preserving  to  exhibitors,  or  to  those  entitled  through  them,  under 
the  conditions  set  out  below,  the  right  of  claiming  during  such  term 
the  protection  to  which  their  discoveries,  designs,  models,  or  marks 
shall  be  legally  entitled. 


148  FRANCE. 

The  term  of  this  temporary  protection  shall  not  be  prolonged, 
either  by  the  periods  of  priority  granted  by  Article  4  of  the  Inter- 
national Convention  of  the  20th  of  March,  1883,  modified  by  the 
additional  Act  of  Brussels  of  the  14th  of  December,  1900,  or  by  those 
fixed  by  Article  11  of  the  law  of  the  5th  of  July,  1844,  modified  by 
that  of  the  7th  of  April,  1902. 

ART.  II.  Exhibitors  who  may  wish  to  avail  themselves  of  the  tem- 
porary protection  shall  lodge,  through  the  authority  appointed  to 
officially  represent  France  at  the  Exhibition,  a  certificate  proving 
that  the  article  for  which  protection  is  sought  is  duly  exhibited. 

An  application  for  such  certificate  must  be  made  at  the  office  of 
the  Exhibition  and  at  the  latest  within  the  first  three  months  of  the 
official  opening  of  the  Exhibition.  It  shall  be  accompanied  by  an 
exact  description  of  the  article  to  be  certified,  and,  if  necessary,  by 
drawings  thereof. 

The  applications  shall  be  inscribed  in  a  special  register,  which 
shall  be  sent  with  the  said  application  and  the  accompanying  docu- 
ments to  the  Ministry  of  Commerce  and  Industry  immediately  after 
the  official  closing  of  the  Exhibition.  The  applications  shall  be  shown 
free  of  charge  upon  demand  through  the  National  Office  of  Industrial 
Property. 

ART.  III.  The  necessary  rules  for  the  application  of  this  law  shall 
be  determined  by  a  decree  for  each  Exhibition  fulfilling  the  condi- 
tions, of  Article  I. 

ART.  IV.  Similar  protection  is  granted  to  patentable  inventions, 
designs,  and  models,  and  also  to  manufacturing  or  commercial  marks 
for  articles  which  shall  be  duly  admitted  to  Exhibitions  organized  in 
France  or  the  Colonies  with  the  aiithorization  or  under  the  patronage 
of  the  Government. 

The  rules  necessary  for  the  application  of  this  article  shall  be  de- 
termined by  decree. 

The  law  of  the  23rd  of  May,  1868,  is  repealed. 


FRANCE — TRADE-MARK  LAW   OF  JUNE   23,   1857. 

Title  1. — Right  of  property  in  trade-marks. 

ARTICLE  1.  The  mark  of  trade  or  of  commerce  is  discretionary. 

However,  it  may  exceptionally  be  declared  obligatory  by  decrees 
rendered  in  the  form  of  regulations  of  public  administration  for 
products  determined  therein. 

The  following  are  to  be  considered  as  marks  of  trade  and  com- 
merce: Names  under  a  distinctive  form,  denominations,  emblems, 
embossments,  stamps,  seals,  vignettes,  reliefs,  letters,  figures,  enve- 


FRANCE.  149 

lopes,  and  all  other  signs  serving  to  distinguish  the  products  of  a 
factory  or  the  objects  of  commerce. 

ART.  2.  Nobody  can  claim  the  exclusive  property  of  a  trade-mark 
unless  he  has  deposited  two  specimens  of  said  mark  with  the  clerk 
of  the  tribunal  of  commerce  of  his  domicile. 

ART.  3.  The  deposit  has  effect  only  for  15  years. 

The  property  of  the  mark  may  always  be  preserved  for  a  new 
term  of  15  years,  by  means  of  a  new  deposit. 

ART.  4.  There  is  collected  a  fixed  fee  of  1  franc  for  the  drawing 
up  of  the  official  report  of  deposit  of  each  mark,  and  for  the  cost  of 
issuing,  not  including  the  cost  of  stamp  and  of  registration. 

Title  2- — Provisions  relating  to  foreigners. 

ART.  5.  Foreigners  who  possess  in  France  industrial  or  commercial 
establishments  enjoy,  for  the  products  of  their  establishments,  the 
benefit  of  the  present  law  on  complying  with  the  formalities  which 
it  prescribes. 

ART.  6.  Foreigners  and  Frenchmen  whose  establishments  are  situ- 
ated outside  of  France  enjoy  equally  the  benefit  of  the  present  law 
for  the  products  of  these  establishments,  if,  in  the  countries  where 
they  are  situated,  diplomatic  conventions  have  established  reciprocity 
for  French  marks. 

In  this  case  the  deposit  of  foreign  marks  takes  place  with  the  clerk 
of  the  tribunal  of  commerce  of  the  Department  of  the  Seine. 

Title  3.— Penalties. 

ART.  7.  The  following  persons  will  be  punished  by  a  fine  of  from 
50  to  3,000  francs  and  imprisonment  of  from  three  months  to  three 
years,  or  one  of  these  penalties  only : 

(1)  Those  who  have  counterfeited  a  mark  or  made  use  of  a  coun- 
terfeited mark. 

(2)  Those  who  have  fraudulently  affixed  on  their  products  or  ob- 
jects of  commerce  a  mark  belonging  to  another. 

(3)  Those  who  have  knowingly  sold  or  put  up  for  sale  one  or  sev- 
erals  products  bearing  a  mark  counterfeited  or  fraudulently  affixed. 

ART.  8.  The  following  persons  will  be  punished  by  a  fine  of  from 
50  to  2,000  francs  and  imprisonment  of  from  one  month  to  one  year, 
or  one  of  these  penalties  only : 

(1)  Those  who,  without  counterfeiting  a  mark,  have  made  a  fraud- 
ulent imitation  of  it  of  a  nature  to  deceive  the  purchaser,  or  have 
made  use  of  a  mark  fraudulently  imitated. 

(2)  Those  who  have  made  use  of  a  mark  bearing  indications  calcu- 
lated to  deceive  the  purchaser  as  to  the  nature  of  the  product. 


150  FRANCE. 

(3)  Those  who  have  knowingly  sold  or  put  on  sale  one  or  several 
products  bearing  a  mark  fraudulently  imitated  or  bearing  indications 
calculated  to  deceive  the  purchaser  as  to  the  nature  of  the  product. 

ART.  9.  The  following  persons  will  be  punished  by  a  fine  of  from 
50  to  1,000  francs  and  imprisonment  of  from  15  days  to  six  months, 
or  one  of  these  penalties  only : 

(1)  Those  who  have  not  affixed  on  their  products  a  mark  declared 
obligatory. 

(2)  Those  who  have  sold  or  put  on  sale  one  or  several  products  not 
bearing  the  mark  declared  obligatory  for  that  species  of  products. 

(3  Those  wh6  have  contravened  the  provisions  of  decrees  rendered 
in  execution  of  Article  1  of  the  present  law. 

ART.  10.  The  penalties  established  by  the  present  law  can  not  be 
accumulated. 

The  severest  penalty  alone  is  to  be  inflicted  for  all  deeds  prior  to 
the  first  act  of  prosecution. 

ART.  11.  The  penalties  provided  for  in  sections  7,  8.  and  9  may  be 
doubled  in  case  of  renewal  of  the  offense. 

There  is  a  renewal  of  the  offense  whenever  there  has  been  pro- 
nounced against  the  accused  within  the  preceding  five  years  a  sentence 
for  an  offense  provided  for  by  the  present  law. 

ART.  12.  Article  463  of  the  penal  code  may  be  applied  to  offenses 
provided  for  by  the  present  law. 

ART.  13.  The  offenders  may,  moreover,  be  deprived  of  the  right  to 
participate  in  the  election  of  tribunals  and  of  chambers  of  commerce, 
of  consulting  chambers  of  arts  and  manufactures,  and  of  councils  of 
experts  during  a  time  which  shall  not  exceed  10  years. 

The  tribunal  may  order  the  posting  of  the  judgment  in  places 
which  it  may  determine  and  its  insertion  integrally  or  by  extract  in 
the  journals  which  it  may  designate,  all  this  at  the  cost  of  the 
offender. 

ART.  14.  The  confiscation  of  products,  the  mark  of  which  shall  be 
found  contrary  to  the  provisions  of  Articles  7  and  8,  may,  even  in  the 
case  of  acquittal,  be  pronounced  by  the  tribunal,  as  well  as  that  of 
instruments  and  utensils  which  have  especially  served  to  commit  the 
offense. 

The  tribunal  may  order  that  the  confiscated  products  be  turned 
over  to  the  proprietor  of  the  mark  counterfeited  or  fraudulently 
affixed  or  imitated,  independently  of  more  ample  damages,  if  there 
be  such. 

In  every  case  it  will  order  the  destruction  of  the  marks  found  to 
be  contrary  to  the  provisions  of  Articles  7  and  8. 

ART.  15.  In  the  case  provided  for  by  the  first  two  paragraphs  of 
Article  9,  the  tribunal  will  always  prescribe  that  the  marking  declared 
obligator}7  be  affixed  upon  the  products  which  are  subject  to  them. 


FRANCE.  151 

The  tribunal  may  pronounce  the  confiscation  of  products,  if  the 
accused  has  incurred,  within  the  previous  five  years,  a  sentence  for 
one  of  the  offenses  provided  for  in  the  first  two  paragraphs  of 
Article  0. 

Title  4- — Jurisdiction. 

ART.  16. — Civil  actions  relating  to  marks  are  brought  before  the 
civil  tribunals  and  judged  as  summary  matters. 

In  case  of  action  commenced  by  the  correctional  way,  if  the  ac- 
cused raises  for  his  defense  questions  relative  to  the  ownership  of  the 
mark,  the  police  court  shall  rule  on  the  exception. 

ART.  17.  The  proprietor  of  a  mark  may  make,  proceeding  through 
any  marshal,  a  detailed  description,  with  or  without  seizure,  of  the 
products  which  he  contends  to  be  marked  to  his  prejudice  in  contra- 
vention of  the  provisions  of  the  present  law,  by  virtue  of  an  ordinance 
of  the  president  of  the  civil  tribunal  of  the  first  instance  or  of  the 
justice  of  the  peace  of  the  district  in  default  of  a  tribunal,  in  the 
place  where  are  found  the  products  to  be  described  or  seized. 

The  ordinance  is  granted  on  a  simple  request  and  on  the  presenta- 
tion of  the  official  report  proving  the  deposit  of  the  mark.  It  con- 
tains, if  there  be  any,  the  nomination  of  an  expert  in  order  to  aid  the 
marshal  in  his  description. 

Where  seizure  is  required  the  judge  may  require  from  the  appli- 
cant security  which  he  is  required  to  deposit  before  proceeding  to 
make  the  seizure. 

Copy  of  the  ordinance  and  of  the  act  proving  the  deposit  of  the 
security,  if  such  be  the  case,  is  left  with  the  holders  of  the  objects 
described  or  seized ;  all  this  under  penalty  of  nullity  and  of  indemnity 
against  the  marshal. 

ART.  18.  In  default  of  action  by  the  applicant,  be  it  by  the  civil 
way,  or  be  it  by  the  correctional  way,  within  a  delay  of  15  days, 
besides  one  day  for  every  5  myriametres  of  distance  between  the  place 
where  the  objects  described  or  seized  are  found  and  the  domicile 
of  the  party  against  whom  the  action  is  to  be  directed,  the  description 
or  seizure  is  null  of  full  right,  without  prejudice  to  the  damages 
which  may  be  claimed  by  the  injured  party  if  there  be  such. 

Title  5. — General  and  transitory  provisions. 

ART.  19.  All  foreign  products  bearing,  be  it'  the  mark,  be  it  the 
name  of  a  manufacturer  resident  in  France,  be  it  the  indication  of 
the  name  or  of  the  place  of  a  French  factory,  are  prohibited  entrance 
and  excluded  from  transit  and  from  storage,  and  may  be  seized  at 
whatever  place  they  may  be,  be  it  at  the  suit  of  the  customs  house 
authorities,  be  it  at  the  request  of  the  public  ministry  or  of  the 
injured  party. 


152  PRANCE. 

In  the  case  where  seizure  is  made  at  the  suit  of  the  customs  house 
authorities,  the  official  report  of  seizure  is  immediately  addressed 
to  the  public  ministry. 

The  delay  in  which  the  action  provided  for  by  Article  18  must  bo 
institued  under  penalty  of  nullity  of  the  seizure,  be  it  by  the  injured 
party,  or  be  it  by  the  public  ministry,  is  extended  to  two  months. 

The  provisions  of  Article  14  are  applicable  to  products  seized  by 
virtue  of  the  present  article. 

ART.  20.  All  the  provisions  of  the  present  law  are  applicable  to 
wines,  brandies,  and  other  drinks,  to  cattle,  grains,  flour,  and  gener- 
ally to  all  products  of  agriculture. 

ART.  21.  Every  deposit  of  a  mark  made  with  the  clerk  of  the 
tribunal  of  commerce  previous  to  the  present  law  will  have  effect 
for  15  years,  to  date  from  the  period  when  said  law  shall  be  operative. 

ART.  22.  The  present  law  shall  only  be  operative  six  months  after 
its  promulgation.  Regulations  of  the  public  administration  shall 
determine  the  formalities  required  for  the  deposit  and  the  publicity 
of  marks,  and  all  the  other  measures  necessary  for  the  execution  of 
the  law. 

ART.  23.  This  is  not  derogatory  to  previous  enactments  which  are 
not  contrary  to  the  present  law. 

AMENDMENT  OF  MAY   3,    1890. 

Law  for  the  modification  of  Article  2  of  the  law  of  June  23,  1857, 
concerning  marks  of  trade  and  commerce. 

The  Senate  and  the  Chamber  of  Deputies  have  adopted, 

The  president  of  the  Republic  promulgates  the  laws  of  the  tenor 
following : 

Sole  article. — Article  2  of  the  law  of  June  23,  1857,  on  marks  of 
trade  and  of  commerce  is  modified  as  follows : 

No  one  shall  be  entitled  to  claim  the  exclusive  property  of  a  mark 
unless  he  has  deposited  it  with  the  clerk  of  the  tribunal  of  commerce 
of  his  domicile — 

( 1 )  Three  specimens  of  the  print  of  the  mark. 

(2)  An  electrotype  of  the  mark. 

In  case  of  the  deposit  of  several  marks  belonging  to  the  same  per- 
son, it  is  only  necessary  to  make  out  one  official  report,  but  there 
must  be  filed  as  many  specimens  of  the  prints  in  triplicate  and  as 
many  electrotypes  as  there  are  distinct  marks. 

One  of  the  specimens  deposited  shall  be  sent  to  the  depositor  vested 
with  the  indorsement  of  the  clerk,  and  bearing  the  indication  of  the 
day  and  hour  of  deposit. 

The  dimensions  of  the  electrotypes  must  not  exceed  12  centimeters 
(O;  12)  on  a  side. 


FRANCE.  153 

The  electrotypes  will  be  returned  to  the  party  interested,  after 
the  official  publication  of  the  marks  by  the  department  of  commerce, 
of  industry,  and  of  the  colonies. 

The  present  law,  considered  and  adopted  by  the  Senate  and  by  the 
Chamber  of  Deputies,  shall  be  executed  as  the  law  of  the  State. 

(Signed)  CARNOT, 

The  Ministry  of  Commerce,  of  Industry,  and  of  the  Colonies. 

(Signed)  JULES  ROCHE. 


DESIGNS  AND  MODELS — LAW  or  JULY  14,  1909. 

[Translation.] 

ARTICLE  1.  Every  author  of  a  design  or  model  and  his  assigns. 
have  the  exclusive  right  to  exploit,  sell  or  cause  to  be  sold  his  design 
or  model,  under  the  conditions  prescribed  by  this  present  law,  with- 
out prejudice  to  the  rights  which  they  may  have  under  other  legal 
provisions  and  notably  under  the  law  of  July  19-24,  1793,  modified 
by  the  law  of  March  11,  1902. 

ART.  2.  The  present  lawr  is  applicable  to  every  new  design,  to  every 
new  plastic  form,  to  every  industrial  object  which  is  differentiated 
from  similar  objects  either  by  .a  distinct  and  recognizable  configura- 
tion conferring  upon  it  a  character  of  novelty,  or  by  one  or  more 
exterior  effects  giving  it  a  particular  and  new  appearance. 

But  if  the  same  effect  can  be  at  once  considered  a  new  design  or 
model  and  a  patentable  invention,  and  if  the  elements  constituting 
the  novelty  of  the  design  or  model  are  inseparable  from  those  of  the 
invention,  the  said  object  may  only  be  protected  under  the  law  of 
July  5, 1844. 

ART.  3.  Only  those  designs  or  models  regularly  registered  shall 
enjoy  the  benefits  of  this  lawr. 

The  property  in  a  design  or  model  belongs  to  him  who  has  created 
it  or  to  his  assigns;  but  the  first  registrant  of  the  said  design  or  model 
is  presumed,  until  proof  is  made  to  the  contrary,  to  be  the  author. 

The  publicity  given  to  a  design  or  model,  prior  to  its  registration^ 
by  placing  it  on  sale  or  by  any  other  means,  does  not  entail  the  for- 
feiture of  the  propert}^  right,  or  of  the  special  protection  granted  by 
the  present  law. 

ART.  4.  Decrees  special  to  certain  industries  may  prescribe  the 
measures  necessary  to  permit  manufacturers  to  prove  their  priority 
of  employment  of  a  design  or  model,  notably  by  the  keeping  of  pri- 
vate registers  submitted  to  the  administrative  stamp. 

ART.  5.  Registration  is  effected,  under  penalty  of  nullity,  at  the 
office  of  the  council  of  prud'hommes,  or  in  default  of  the  council 
of  prud'hommes,  at  the  office  of  the  clerk  of  the  commercial  court  of 
the  locality  where  the  registrant  is  domiciled. 


154  FKANCE. 

When  the  domicile  of  the  registrant  is  situated  outside  of  France 
the  registration  is  effected,  under  penalty  of  nullity,  ait  the  office  of 
the  council  of  prud'hommes  of  the  Department  of  the  Seine. 

The  declaration  of  each  registration  is  transcribed  upon  the  regis- 
ter with  the  date,  hour  of  registration,  and  a  serial  number;  a  cer- 
tificate of  registration  reciting  these  particulars  is  sent  to  the  reg- 
istrant. 

The  deposit  consists  of,  under  penalty  of  nullity,  two  identical 
copies  of  a  specimen  or  representation  of  the  object  claimed,  with  an 
explanatory  memorandum,  if  the  registrant  believes  same  necessary, 
the  whole  contained  in  a  box  hermetically  sealed  and  upon  which  are 
placed  the  seal  and  signature  of  the  registrant,  and  also  the  seal  and 
vise  of  the  secretary  or  court  clerk,  in  such  a  manner  that  it  can  not 
be  opened  without  making  these  certifications  disappear.  The  same 
deposit  may  include  from  1  to  100  designs  or  models,  which  should 
be  numbered  consecutively.  Designs  or  models  not  numbered,  or 
bearing  duplicate  numbers  or  numbers  above  100  shall  not  be  con- 
sidered as  validly  registered  in  respect  of  this  present  law. 

ART.  6.  The  box  deposited  may  remain  at  the  secretariate  or  at 
the  office  of  the  clerk  of  the  court  during  a  maximum  period  of  five 
years;  as  long  as  it  is  left  there  the  deposit  of  the  objects  which  it 
contains  remains  secret. 

The  registrant  and  his  assigns  can  always,  from  the  beginning  and 
during  the  course  of  the  said  period,  require  the  publicity  of  the 
deposit,  either  in  regard  to  all  the  objects  contained  in  the  box  or 
only  in  regard  to  one  or  more  of  them. 

The  registrant,  or  his  assigns,  when  they  wish  to  oppose  the  regis- 
tration by  a  third  party,  should  require  the  opening  of  the  sealed 
box,  extracting  the  article  or  articles  in  regard  to  which  they  intend 
to  institute  judicial  proceedings,  and  demand  the  publicity  of  the 
registration  in  connection  with  said  objects. 

When  the  publicity  of  the  registration  of  a  design  or  model  is 
required  by  the  registrant  or  his  assigns,  the  box  deposited  is  sent  to 
the  national  office,  which  proceeds  to  open  the  said  box,  removes  the 
two  copies  of  the  design  or  model,  proves  the  identity  of  the  two 
copies,  has  reproduced  by  a  photographic  process  that  one  of  the 
two  which  is  intended  to  be  delivered  to  the  courts,  if  there  is  reason 
to  do  so,  while  the  other  copy  remains  at  the  office,  where  it  shall  be 
delivered  under  the  conditions  laid  down  by  the  regulation  provided 
in  Article  15  below. 

The  other  objects  contained  in  the  box,  and  for  which  publicity  is 
not  required,  shall  be  sent  back  under  seal,  closed,  with  certification 
in  proof. 

A  proof  of  the  reproduction  of  the  design  or  model  made  public, 
with  a  copy  of  the  description  and  the  necessary  explanations  for 


FRANCE.  155 

completing  the  said  reproduction,  is  placed  at  the  disposition  of  the 
public  at  the  national  office. 

Proofs,  also  bearing  a  copy  of  the  explanatory  notes  and  of  the 
declaration  of  the  registration,  shall  be  delivered,  upon  payment  of 
a  fee,  to  the  registrant  who  makes  a  request  therefor,  or  to  his 
assigns;  also  to  any  party  engaged  in  a  legal  dispute  relative  to  the 
design  or  model. 

ART.  7.  The  total  duration  of  the  protection  granted  by  the  present 
law  to  a  registered  design  or  model  is,  under  the  reserve  and  the 
conditions  hereafter  indicated,  50  years,  counting  from  the  date  of 
the  registration. 

At  the  expiration  of  the  first  five-year  period,  during  which  the 
deposit  may  remain  at  the  secretariate  or  at  the  office  of  the  clerk  of 
the  court,  the  box  containing  under  seal  the  objects  for  the  registra- 
tion of  which  publicity  has  not,  before  this  term,  been  required,  is 
restored  to  the  applicant  upon  his  request. 

If  he  wishes  to  maintain  his  registration,  either  in  regard  to  all 
the  objects  contained  in  the  box,  or  only  in  regard  to  one  or  more  of 
them,  the  registrant  must,  before  the  expiration  of  the  said  five  years, 
require  the  maintenance  of  this  registration,  either  with  the  publicity 
provided  for  in  paragraph  4  of  Article  6,  or  under  the  secret  form, 
for  each  of  the  said  objects. 

The  sealed  box  is  sent  to  the  national  office,  which  proceeds  to  open 
it,  and  extracts  therefrom  the  objects  for  which  the  maintenance  of 
registration  has  been  applied  for ;  it  gives  to  each  of  them  for  which 
-it  has  been  required  the  publicity  provided  for  in  paragraphs  4  and 
G  of  Article  6,  places  under  a  closed  and  sealed  envelope  with  a 
certification  in  proof  the  two  copies  of  each  of  them  for  which  the 
maintenance  of  the  secret  has  been  required,  and  leaves  the  other 
objects  in  the  box  newly  closed  and  sealed,  as  is  prescribed  in  para- 
graph 5  of  Article  6,  with  a  view  to  the  restitution  which  may  be 
claimed  by  virtue  of  paragraph  2  of  the  present  article. 

The  registration  thus  maintained  at  the  national  office,  whether 
with  publicity  or  under  cover,  expires  25  years  after  the  date  of  its 
registration  at  the  secretariate  or  at  the  office  of  the  clerk  of  the 
court,  if  before  the  expiration  of  the  said  term  the  registrant  has 
not  applied  for  its  prolongation  for  a  new  period  of  25  years. 

At  the  commencement  of  this  new  period  the  deposit  kept,  under 
secret  form,  at  the  national  office  receives,  in  charge  of  the  latter,  the 
publicity  provided  for  in  paragraphs  4  and  6  of  Article  6,  if  it  has 
not  already  been  applied  for  during  the  course  of  the  second  period. 

ART.  8.  At  the  time  when  the  registrations  are  effected  there  is 
paid  to  the  secretariate  of  the  council  or  to  the  clerk  of  the  court  an 
indemnity  of  3  francs  95  for  the  registration,  plus  5  centimes  for 
the  object  deposited.  There  are  included  in  the  said  indemnity  the 


156  FRANCE. 

allowance  provided  for  by  Article  58  of  the  law  of  March  29,  1907. 
and  the  cost  of  the  stamp. 

When,  either  during  or  at  the  end  of  the  first  period,  the  publicity 
of  the  registration  is  required,  a  fee  of  30  francs  is  to  be  paid  for 
each  of  the  objects  which,  upon  request  by  the  registrant,  are  with- 
drawn from  the  sealed  box, -and  preserved,  publicly,  by  the  national 
office,  in  accordance  with  the  provisions  of  paragraph  4  of  Article  6; 
there  is  a  fee  of  5  francs  for  each  of  the  objects  which  the  office,  upon 
the  request  of  the  registrant,  retains  in  deposit  under  the  secret  form. 

The  prolongation  of  a  registration,  at  the  expiration  of  the  first 
25  years,  is  subject  to  the  payment  of  a  new  fee,  the  amount  of  which 
is  50  francs,  for  each  of  the  objects  which  remain  protected  if  the 
registration  has  been  rendered  public,  and  75  francs  if  up  to  that 
time  it  has  remained  secret. 

ART.  9.  When  the  publicity  of  a  registration  or  its  maintenance, 
with  or  without  publicity,  has  not  been  applied  for  before  the  pre- 
scribed term  of  five  years  and  when  at  the  expiration  of  this  term 
the  sealed  box  has  not  been  claimed,  the  seals  are  broken  and  the 
objects  contained  in  the  box  are  transmitted  to  the  establishments 
which  are,  for  this  purpose,  designated  by  decree. 

There  are  also  sent  to  the  said  establishments,  after  25  years,  the 
objects  for  which  no  prolongation  of  the  registration  has  been  re- 
quested ;  after  50  years,  those  the  registration  of  which  has  been  pro- 
longed. 

The  objects  which  the  establishments  above  indicated  judge  worthy 
of  preservation  shall  be  exhibited  or  communicated  to  the  public; 
on  each  of  them  shall  be  mentioned  the  name,  first  name,  title  and 
domicile  of  the  registrant,  as  well  as  the  date  of  the  registration. 
Inscriptions  shall  indicate  to  the  public  that  these  particulars  are 
given  to  interested  parties  to  invite  them  and  to  aid  them  to  ascer- 
tain if  the  exclusive  right  of  reproducing  such  of  these  objects  as 
constitute  designs  or  sculpture,  in  the  purely  technical  sense  of  these 
words,  is  still  guaranteed  by  the  law  of  July  19-24,  1793,  modified  by 
the  law  of  March  11,  1902. 

ART.  10.  Every  offense  knowingly  committed  against  the  rights 
guaranteed  by  this  law  is  punished  by  a  fine  of  from  25  to  2,000 
francs. 

In  case  of  a  repetition  of  the  offense,  or  if  the  offender  is  a  person 
having  worked  for  the  injured  party,  there  is,  in  addition,  a  sentence 
of  imprisonment  of  from  one  month  to  six  months. 

There  is  a  repetition  of  the  offense  when  a  first  sentence  has  been 
pronounced  against  the  accused  for  one  of  the  offenses  named  in  the 
present  law  within  the  five  years  preceding. 

The  guilty  parties  may,  in  addition,  be  deprived,  during  a  period 
which  shall  not  exceed  five  years,  of  the  right  of  suffrage  and  of 


FRANCE.  157 

eligibility  for  the  courts  and  chambers  of  commerce,  also  for  the 
council  of  prud'hommes. 

ART.  11.  Acts  prior  to  the  registration  do  not  furnish  grounds  for 
any  action  based  upon  this  law. 

Acts  subsequent  to  the  registration,  but  prior  to  its  publicity,  do 
not  furnish  any  ground  of  action,  even  civil,  except  the  charge  by  the 
party  injured  establishing  the  bad  faith  of  the  accused. 

No  action,  penal  or  civil,  can  be  brought  by  virtue  of  the  same 
article  before  the  registration  has  been  rendered  public. 

When  the  acts  are  subsequent  to  the  publicity  of  the  registration, 
their  authors  can  plead  their  good  faith  as  a  defense,  but  only  upon 
condition  of  producing  the  proof  of  same. 

Confiscation  for  the  benefit  of  the  injured  party  of  the  articles 
offending  against  the  rights  guaranteed  by  the  present  law  is  pro- 
nounced even  in  case  of  acquittal. 

The  court,  in  case  of  a  sentence  of  guilty,  may,  in  addition,  order, 
the  confiscation  of  the  instruments  having  specially  served  for  the 
manufacture  of  the  articles  offending. 

ART.  12.  Upon  a  simple  request,  and  upon  producing  the  certificate 
of  registration  and  a  receipt  for  the  fees  prescribed  in  Article  8,  and 
by  virtue  of  an  order  issued  by  the  president  of  the  civil  court  of 
the  locality  where  the  operations  have  taken  place,  the  injured  party 
may  cause  any  court  officer  to  make  a  detailed  description,  with  or 
without  seizure,  of  the  infringing  articles  or  instruments. 

The  president  has  the  authority  to  authorize  the  petitioner  to  call 
for  the  assistance  of  a  police  officer  or  of  the  justice  of  the  peace  of 
the  canton,  and  to  require  security-  of  the  petitioner,  which  he  is 
obliged  to  pay  before  proceeding  to  the, operation;  this  security  is 
always  required  of  a  foreigner  who  makes  a  demand  for  seizure. 

A  copy  of  the  order  and  the  document  proving  the  deposit  of  se- 
curity is  left  with  the  persons  in  whose  possession  are  the  articles 
described,  under  penalty  of  nullity  and  of  damages  against  the  court 
officer. 

Upon  failure  of  the  petitioner  to  bring  suit,  either  civil  or  criminal, 
within  the  term  of  15  days,  besides  one  day  per  5  myriametres  of  the 
distance  between  the  place  where  are  found  the  articles  listed  or 
seized  and  the  domicile  of  the  prosecuting  party,  the  description  or 
seizure  is  null  under  the  common  law,  without  prejudice  to  the  right 
of  damages. 

ART.  13.  The  benefit  of  the  present  law  applies  to  those  designs  and 
models  the  authors  of  which  or  their  assigns  are  French  or  domiciled 
in  France,  or  have,  in  France,  industrial  or  commercial  establish- 
ments, or  are  by  their  nationalities,  their  domiciles,  or  their  indus- 
trial or  commercial  establishments,  inhabitants  of  a  State  which 


158  FRANCE. 

guarantees  reciprocity,  by  its  interior  legislation  or  its  diplomatic 
conventions,  to  French  designs  and  models. 

ART.  14.  The  present  law  shall  enter  into  force  six  months  after  its 
promulgation. 

•  From  that  date  on,  prior  registrations  which  are  still  valid  after 
thet  legislation  which  precedes,  shall  be  subject  to  the  provisions  of 
the  present  law ;  registrations  in  perpetuity  shall  cease  to  be  valid  50 
years  after  its  entry  into  force;  registrations  effected  for  five  years 
or  less  may  be  renewed  under  the  provisions  prescribed  by  the  pres- 
ent law,  before  the  expiration  of  the  term  for  which  they  have  been 
effected. 

Registrants  and  their  assigns  shall  have  the  power  to  demand 
either  the  restitution  or  the  opening,  and  publicity  of  their  prior 
registrations,  under  the  conditions  prescribed  in  paragraphs  2  and  3 
of  Article  7,  with  authority  to  have  drawn  up  a  duplicate  of  the 
registration. 

ART.  15.  Regulations  of  public  administration  shall  prescribe  the 
material,  the  dimensions,  the  weight,  the  method  of  closing  the  box 
to  be  deposited,  the  form  of  the  declaration,  the  conditions  for  the 
opening  and  publicity  of  the  deposit,  the  conditions  under  which 
shall  be  effected  the  restitution  to  the  registrant  after  the  first  period, 
delivery  of  the  copy  intended  for  the  courts,  and  its  reurn  to  the  na- 
tional office,  the  fee  in  connection  with  the  provisional  measures 
prescribed  by  paragraph  3  of  Article  11,  and  all  other  provisions  nec- 
essary to  the  execution  of  the  present  law. 

.  The  fees  prescribed  by 'the  present  law,  with  the  exception  of  the 
indemnity  mentioned  in  paragraph  1  of  Article  8,  shall  be  collected 
by  the  Conservatoire  National  des  Arts  et  Metiers  for  the  benefit  of 
the  national  office  of  industrial  property. 

ART.  16.  Regulations  of  public  administration  shall  determine  the 
conditions  under  which  the  present  law  shall  be  applicable  to  Algeria 
and  to  the  colonies. 

ART.  17.  Articles  15  to  19  of  the  law  of  March  18,  1806,  and  all 
other  provisions  relative  to  designs  and  trade  models  and  conflicting 
with  the  present  law  are  repealed. 

The  present  law,  discussed  and  adopted  by  the  Senate  and  by  the 
Chamber  of  Deputies,  shall  be  executed  as  the  law  of  the  State. 

Done  at  Paris,  July  14,  1909. 

(Signed)  A.  FALLIERES. 


FRANCE.  159 

FRANCE — WAR   LEGISLATION. 

PATENTS — APPLICATIONS — TAXES — WORKING — MORATORIUM- 
DECREE  EFFECTIVE  AUGUST  1,  1914. 

[Decree  of  Aug.  14,  suspending  from  Aug.  1,  1914,  to  a  date  that  shall  be  fixed  by  decree 
on  the  cessation  of  hostilities,  in  particular  the  legal  delays  for  paying  annuities,  for 
the  working  of  patents  and  for  the  payment  of  the  fee  which  is  required  to  be  paid 
on  filing  an  application  for  letters  patent.] 

The  President  of  the  Republic  of  France,  on  the  report  of  the 
President  of  the  Board  of  Trade,  the  Postmaster  General,  the  Keeper 
of  the  Seal,  Minister  of  Justice  and  of  the  Chancellor  of  the  Ex- 
chequer, considering  the  law  of  August  5,  1914,  and,  particularly 
Article  2,  which  reads  thus : 

"  During  the  continuance  of  the  mobilization  and  until  the  cessa- 
tion of  hostilities,  the  Government  is  empowered  to  take,  in  view 
of  the  general  interests,  by  decree  in  ministerial  council,  every  neces- 
sary measure  to  facilitate  the  execution  or  suspend  the  effects  of  com- 
mercial or  civil  obligations,  to  suspend  all  prescriptions  or  limita- 
tions in  civil,  commercial,  or  administrative  matters,  all  delays 
granted  for  challenging,  notifying  or  executing  the  judicial  decisions 
of  the  law  or  administrative  courts; 

"  The  suspension  of  the  prescriptions  or  limitations  may  apply 
to  *  *  *  and  generally  speaking  to  any  act,  which,  according  to 
law,  must  be  accomplished  within  a  given  time." 

The  Cabinet  Council,  having  been  heard,  decrees : 

ARTICLE  1.  From  August  1,  1914,  inclusive,  and  until  a  date  that 
shall  be  fixed  by  a  decree  on  the  cessation  of  hostilities,  are  sus- 
pended the  legal  delays  in  which  the  owners  of  letters  patent  must, 
on  pain  of  forfeiting  all  their  titles,  pay  the  annual  taxes  on  their 
patents. 

The  same  suspension  is  applicable  to  the  payment  that  has  to  be 
made  at  the  time  of  any  application  for  a  patent  or  patent  of  addi- 
tion. 

ART.  2.  Are  also  suspended  during  the  same  period  the  delays  pro- 
vided for  by  the  acts  referred  to  above,  either  for  the  working  in 
France  of  the  patented  invention,  or  for  the  cessation  of  said  work- 
ing, the  owner  of  the  letters  patent  having,  in  neither  case,  to  bring 
forward  any  justification  to  enjoy  said  suspension. 

The  foregoing  stipulations  are  not  applicable  to  the  patentees  who 
might  have  incurred,  before  August  1,  1914,  the  forfeiture  provided 
for  by  the  laws  in  force. 

ART.  3.  From  August  1,  inclusive,  and  until  a  date  that  shall  be 
fixed  conformably  to  Article  1  of  the  present  decree,  are  suspended : 

(1)  The  delays  granted  to  the  owners  of  guarantee  certificates  is- 
sued, on  the  occasion  of  exhibitions  organized  in  France  with  the 
authorization  of  the  administration  or  with  its  patronage,  to  claim 
93169—19 11 


160  FEANCE. 

the  protection  which  their  discoveries,  drawings,  designs,  or  trade- 
marks are  legally  entitled  to. 

(2)  The  delay  during  which  the  applicant  for  a  drawing  or  de- 
sign is  at  liberty  to  demand  the  continuance  of  his  application,  either 
with  publicity  or  secrecy. 

ART.  4.  The  present  decree  is  applicable  to  Algeria. 

ART.  5.  The  present  decree  shall  receive  immediate  execution  in 
virtue  of  Article  2  of  the  decree  of  November  5,  1870. 

ART.  6.  The  President  of  the  Board  of  Trade,  the  Postmaster  Gen- 
eral, the  Keeper  of  the  Seal,  Minister  of  Justice,  and  the  Chancellor 
of  the  Exchequer  are  intrusted,  respectively,  with  the  execution  of 
the  present  decree  which  shall  be  published  in  the  Journal  Officiel 
and  inserted  in  the  Bulletin  des  Lois  (Official  Law  Eeports). 

Paris,  August  14,  1914. 

(Signed)  R.  POTNCARE. 


TRADE  WITH  ALIEN  ENEMY — PROHIBITED — DECREE  or  SEPT.  27,  1914. 

[Translation.] 

[Decree  of  Sept.  27,  1914,  relative  to  the  prohibition  of  commercial  relations  with  Ger- 
many and  Austria-Hungary.] 

The  President  of  the  French  Republic,  on  the  report  of  the  Presi- 
dent of  the  Council,  of  the  Ministers  of  Commerce,  Industry,  Posts 
and  Telegraphs,  Justice,  the  Interior,  Foreign  Affairs,  Finances,  and 
Colonies ;  in  view  of  the  law  of  August  5, 1914 ;  the  Council  of  Minis- 
ters agreed,  decrees : 

ARTICLE  1.  On  account  of  the  state  of  war  and  in  the  interest  of 
the  national  defense,  all  commerce  with  the  subjects  of  the  Empires 
of  Germany  and  of  Austria-Hungary  or  with  persons  residing  there- 
in is,  and  remains,  prohibited. 

Moreover,  subjects  of  the  said  Empires  are  prohibited  from  en- 
gaging directly,  or  -through  an  intermediate  person,  in  any  com- 
merce on  French  territory  or  on  territory  of  a  French  protectorate. 

ART.  2.  Any  act  or  contract  made  either  in  French  territory  or  in 
territory  of  a  French  protectorate  by  any  person,  or  anywhere  by 
French  or  French  proteges,  with  subjects  of  the  Empires  of  Germany 
and  of  Austria-Hungary  or  with  persons  residing  therein,  is  null 
and  void  as  contrary  to  public  policy. 

The  nullity  decreed  in  the  preceding  paragraph  has  as  a  time  of 
beginning  the  date  of  August  4,  for  Germany,  and  that  of  August 
13,  1914,  for  Austria-Hungary ;  it  shall  have  effect  during  the  whole 
duration  of  hostilities  and  up  to  a  date  that  will  later  be  fixed  by 
decree. 


FRANCE.  161 

ART.  3.  During  the  same  time,  the  execution  to  the  profit  of  sub- 
jects of  the  German  or  Austro-Hungarian  Empires,  or  of  persons 
residing  therein,  of  pecuniary  or  other  obligations  resulting  from 
any  act  or  contract  done  either  in  French  territory  or  in  the  territory 
of  a  French  protectorate  by  any  person,  or  anywhere  by  French  citi- 
zens or  French  proteges,  prior  to  the  dates  fixed  in  paragraph  2  of 
Article  2,  is  prohibited  and  declared  null  as  contrary  to  public  policy. 

When  the  act  or  contract  referred  to  in  the  preceding  paragraph 
shall  not  have  received  at  the  date  of  the  present  decree  any  com- 
mencement of  execution  in  the  form  of  delivery  of  merchandise  or  of 
pecuniary  payment,  its  annulment  may  be  pronounced  by  ordinance 
issued  on  request  by  the  President  of  the  Civil  Tribunal.  French 
citizens,  French  proteges,  and  the  natives  of  allied  and  neutral  coun- 
tries shall  be  the  only  ones  permitted  to  present  this  request. 

ART.  4.  The  dispositions  of  Articles  2  and  3  of  the  present  decree 
are  applicable  even  in  the  case  where  the  act  or  contract  shall  have 
been  made  by  an  intermediate  person. 

ART.  5.  There  shall  be  special  decrees  issued  regarding  patents 
of  invention  and  trade-marks  in  which  the  subjects  of  the  German 
and  Austro-Hungarian  Empires  are  interested  and  regarding  the 
life  and  employment-accident  insurance  companies  having  their 
place  of  business  in  those  two  countries. 

ART.  6.  The  disposition  of  the  present  decree  shall  be  submitted 
to  the  ratification  of  the  Chambers. 

ART.  7.  The  President  of  the  Council,  the  Ministers  of  Commerce, 
Industry,  Posts  and  Telegraphs,  Justice,  Interior,  Foreign  Affairs, 
Finances,  and  Colonies,  are  charged,  each  in  that  that  concerns  him, 
with  the  execution  of  the  present  decree  which  shall  be  published 
in  the  Journal  Officiel  and  inserted  in  the  Bulletin  des  Lois. 

Done  at  Bordeaux,  September  27,  1914. 

(Signed)  E.  POINCARE. 

INDUSTRIAL  PROPERTY — FEES — DECREE  OF  SEPT.  27,  1914. 
INTERPRETATION. 

Regarding  the  Decree  of  September  27, 1914  (for  translation  see  13 
P.  &  T.  M.  Rev.,  36  Ed.)  the  following  advices  appear  in  209  Official 
Gazette  1318 : 

PAYMENT  OF  FEES   AND  TAXES  IN   THE  MATTEB  OF  INDUSTRIAL  PROPERTY. 

The  French  Patent  Office  informs  us  that  all  payments  of  fees  or  taxes  on 
patents  are  accepted  in  France  whatever  may  be  the  nationality  or  domicile  of 
the  holder  of  the  patent,  and  furthermore  that  it  does  not  appear  that  the  decree 
of  September  27,  1914,  could  be  interpreted  as  eventually  prohibiting  the  pay- 
ment in  hostile  countries  of  fees  or  taxes  upon  industrial  property. 


162  FRANCE. 

[Notification  from  French  Government  to  La  Propri£t6  Industrielle  published  Nov.   30. 

1914.] 

The  French  Administration  informs  us  that  all  payments  of  taxes 
on  patents  are  accepted  in  France  irrespective  of  the  nationality  or 
the  domicile  of  the  owner  of  the  patent,  and  that  furthermore  it- 
would  not  appear  that  the  decree  of  September  27, 1914,  is  to  be  inter- 
preted as  forbidding  the  payment,  if  desired,  in  enemy  countries,  of 
taxes  relating  to  industrial  property. 


INDUSTRIAL  PROPERTY — WAR  MEASURES — LAW — EFFECTIVE  MAY  30, 

1915. 

ARTICLE  1.  By  reason  of  the  state  of  war  and  in  the  interest  of  the 
national  defense,  the  working  in  France  of  any  patented  invention 
or  the  use  of  any  trade-mark  by  subjects  or  dependents  of  the  Ger- 
man and  Austro-Hungarian  Empires,  or  by  any  other  person  for 
the  account  of  the  above  mentioned  subjects  or  dependents,  shall  be 
and  is  prohibited. 

This  prohibition  becomes  effective  as  of  August  4  for  Germany  and 
August  13  for  Austria;  it  shall  be  effective  during  the  whole  dura- 
tion of  hostilities  and  until  a  date  that  shall  later  be  fixed  by  decree. 

ART.  2.  The  allowance  of  patents  and  grants  of  licenses,  as  well  as 
assignments  of  trade-marks,  regularly  made  by  subjects  or  depend- 
ents of  the  German  and  Austro-Hungarian  Empires,  French 
proteges  and  dependents  of  the  allied  or  neutral  countries,  shall  be 
of  full  effect  on  condition  that  the  assignments  have  acquired  a  cer- 
tain date  prior  to  the  declaration  of  the  state  of  war,  or  if  it  be  duly 
proven  that  the  grants  of  licenses  and  assignments  of  trade-marks 
have  been  actually  effected  before  said  declaration. 

However,  the  execution,  to  the  profit  of  subjects  or  dependents  of 
the  German  and  Austro-Hungarian  Empires,  of  pecuniary  obliga- 
tions resulting  from  these  assignments  of  patent,  grants  of  license, 
or  transfers  of  mark,  is  prohibited  during  the  period  noted  in  Article 
1,  and  declared  null,  as  contrary  to  public  order. 

ART.  3.  If  any  of  the  patented  inventions,  whereof  the  working 
is  prohibited  under  the  terms  of  Article  1,  presents  a  public  interest  or 
is  recognized  as  useful  for  the  national  defense,  its  exploitation  may 
be,  totally  or  partially  and  for  a  fixed  time,  according  to  the  condi- 
tions and  forms  prescribed  in  Article  4  following,  either  reserved  to 
the  State,  or  granted  to  one  or  several  persons  of  French  nationality 
or  French  proteges  or  subjects  of  the  allied  or  neutral  countries  that 
shall  be  in  position  to  carry  on  this  exploitation. 

ART.  4.  The  exploitation  by  the  State  of  the  patented  invention  is 
delegated  to  the  competent  public  service  by  order  agreed  to  between 
the  Minister  of  Commerce,  Industry,  Posts  and  Telegraphs,  the  Minis- 
ter of  Finances,  and  the  Minister  interested. 


FBANCE.  163 

The  exploitation  by  individuals  is  granted  by  decree  on  the  sug- 
gestion of  the  Minister  of  Commerce,  Industry,  Posts  and  Telegraphs, 
according  to  the  clauses  and  conditions  of  the  table  of  rules  hereto 
annexed. 

The  decrees  and  orders  can  not  be  issued  until  after  corresponding 
agreement  by  a  commission  composed  as  follows : 

One  Counselor  of  State ; 

Two  representatives  of  the  Ministry  of  Commerce,  Industry,  Posts 
and  Telegraphs ; 

One  representative  of  the  Ministry  of  Justice ; 

One  representative  of  the  Ministry  of  War ; 

One  representative  of  the  Ministry  of  the  Navy ; 

One  representative  of  the  Ministry  of  Foreign  Aif airs ; 

Four  members  chosen  from  among  the  members  of  the  Consultation 
Committee  of  Arts  and  Manufactures,  of  the  Technical  Commission 
of  the  National  Office  of  Industrial  Property,  of  the  Tribunal  of  Com- 
merce of  the  Seine  and  of  the  Chamber  of  Commerce  of  Paris ; 

Four  members  representing  the  professional,  patronal  and  labor 
syndicates. 

The  Director  of  the  National  Office  of  Industrial  Property  fulfills 
the  functions  of  General  Director,  with  a  deciding  voice. 

Technical  Directors  may  be  added  to  the  Commission  by  Ministerial 
order,  with  a  consultative  voice. 

The  transfer  of  the  concession  to  a  third  party  is  void  and  of  no 
effect,  if  it  has  not  been  authorized  in  the  form  above  prescribed. 

ART.  5.  The  provisions  of  the  decree  of  August  14,  1914,  suspend- 
ing from  August  1  the  terms  in  matters  of  patents  of  inventions  and 
designs  and  models  shall  be  of  benefit  to  the  subjects  and  depend- 
ents of  foreign  countries  only  so  far  as  these  countries  have  granted 
or  shall  grant,  through  reciprocity,  equivalent  advantages  to  the 
French  and  to  French  proteges. 

ART.  6.  The  French  or  French  proteges  may,  in  an  enemy  country, 
either  directly  or  by  attorney,  the  same  as  the  subjects  or  dependents 
of  enemy  countries  in  France,  under  condition  of  full  reciprocity, 
fulfill  all  formalities  and  execute  all  obligations  with  the  purpose  of 
preserving  or  obtaining  industrial  property  rights. 

However,  until  it  shall  be  otherwise  ordered,  the  delivery  of 
patents  of  invention  and  certificates  of  addition  whereof  the  appli- 
cation shall  have  been  effected  in  France  by  subjects  or  dependents  of 
the  German  Empire,  counting  from  August  4,  1914,  or  by  subjects 
or  dependents  of  the  Austro-Hungarian  Empire,  counting  from 
August  13. 1914,  shall  be  suspended. 

ART.  7.  The  terms  of  priority  provided  by  Article  4,  modified,  of 
the  Convention  of  the  International  Union  of  1883  are  suspended  dat- 


164  FBANCE. 

ing  from  August  1,  1914,  for  the  duration  of  hostilities  and  until 
dates  that  shall  be  fixed  later  by  decree. 

The  benefit  of  this  suspension  may  be  claimed  only  by  subjects  of 
the  Union  whose  country  has  granted  or  shall  grant  the  same  favor 
to  the  French  and  to  French  proteges. 

ART.  8.  Subjects  of  the  German  and  Austro-Hungarian  Empires 
may,  either  by  reason  of  their  origin  or  of  their  family  ties,  or  by   > 
reason  of  services  that  they  have  rendered  to  France,  be  excepted 
from  the  application  of  the  provisions  of  the  present  law. 

A  decree  shall  determine  the  conditions  of  this  exception,  which 
shall  be  proclaimed  by  ordinance  of  the  civil  tribunal  rendered  on 
request  of  the  Public  Minister. 

ART.  9.  The  provisions  of  the  present  law  shall  be  applicable  to 
Algiers  and  to  the  colonies  of  Reunion,  Guadaloupe,  and  Martinique. 

It  shall  become  valid  by  special  decree  in  whatever  concerns  the 
other  colonies  and  the  countries  under  protection. 


FRANCE — UNITED    STATES. 

PATENTS — WORKING — SUSPENSION     OF     TERMS — RECIPROCITY — OFFI- 
CIAL INTERPRETATION.1 

[Translation.] 

The  International  Bureau,  for  the  enlightment  of  inquirers,  made 
inquiry  of  the  French  Administration  of  Industrial  Property  (Query 
No.  139)  as  to  whether,  "the  legislation  of  the  United  States,  not 
recognizing  the  obligation  to  work  patented  inventions,  it  might  be 
admitted  that  American  citizens  that  possess  patents  in  France  could 
avail  themselves,  notwithstanding,  of  the  suspension  of  working 
terms  provided  by  decree  of  August  14,  1914." 2 

The  reply  of  the  French  Administration  (La  Propriete  Industri- 
elle,  August,  1915),  translated,  is  as  follows: 

"The  interpretation  of  laws  and  decrees  pertains  in  France  ex- 
clusively to  the  courts.  However,  for  countries  such  as  the  United 
States,  where  legislation  imposes  no  obligation  to  work  patents  of 
invention,  it  would  not  appear  doubtful  that  the  condition  of  reci- 
procity, required  by  the  laws  of  May  27,  1915,3  is  naturally  found 
fulfilled  without  there  being  need  of  any  special  act,  and  consequently, 
citizens  of  the  United  States  shall  ipso  facto  continue  to  benefit  in 
France  by  the  suspension  of  working  terms  provided  by  the  decree 
of  August  14,  1914." 

!  See  also  13  P.  &  T.  M.  Rev.,  268. 

aFor  translation  of  this  decree  see  13  P.  &  T.  M.  Rev.,  296. 

3  For  translation  of  this  decree  see  12  P.  &  T.  M.  Rev..  357. 


FRANCE.  165 

FRANCE. 

PATENTS — OF  INTEREST  TO  NATIONAL  DEFENSE — "  WAR  MEASURES  " — 
LAW  OF  APRIL  12,  1916. 

[Translation.] 
[Law  relative  to  inventions  of  interest  to  the  national  defense.] 

The  Senate  and  the  Chamber  of  Deputies  have  adopted, 

The  President  of  the  Republic  promulgates  the  law  whereof  the 
text  follows: 

ARTICLE  1.  In  modification  of  the  provisions  of  the  first  article 
of  the  law  of  July  5,  1844,  the  Ministers  of  War  and  Navy  may  be 
authorized  by  decree,  on  condition  of  an  adequate  indemnity,  to  pay 
to  inventors  or  to  their  assignees,  grantees,  or  exclusive  licencees;  to 
expropriate  or  have  exploited,  either  in  the  workshops  of  the  State, 
(or)  in  private  industrial  shops,  inventions  of  interest  to  the  national 
defense,  being  the  subject  of  patent  applications  or  of  patents 
granted. 

The  Ministers  of  War  and  Navy,  as  well  as  the  Minister  of  Public 
Instruction,  of  Fine  Arts,  and  of  Inventions  of  Interest- to  the  Na- 
tional Defense,  are,  for  this  purpose,  authorized  to  have  inquiry  made 
at  the  National  Office  of  Industrial  Property  concerning  all  patent 
applications  filed. 

The  decree  shall  involve,  according  to  the  case,  the  absolute  and 
final  expropriation,  or  the  partial  or  temporary  dispossession  of  the 
exclusive  right  of  exploitation  of  the  invention  reserved  to  the  in- 
ventor. It  shall  be  issued  after  due  notice  by  a  commission  named 
by  decree  and  composed  of  a  Counsellor  of  State,  President,  a  repre- 
sentative of  the  Ministry  of  Commerce  and  Industry,  a  representative 
of  the  Ministry  of  War,  a  representative  of  the  Ministry  of  Navy, 
and  a  representative  of  the  Ministry  of  Public  Instruction,  of  Fine 
Arts  and  of  Inventions  of  Interest  to  the  National  Defense,  the  last 
three  having  but  a  single  vote. 

If  it  is  a  matter  of  an  invention  for  which  the  patent  has  not  yet 
been  delivered,  the  decree  may  determine  that  it  shall  be  suspended 
on  delivery  and  on  publication  thereof; 

The  indemnity  to  be  paid  to  the  inventor  shall  be  fixed  by  private 
agreement,  or,  if  there  be  disagreement,  by  three  arbiters,  named, 
one  by  the  Ministry  or  Ministers  interested,  another  by  the  inventor, 
and  the  third  by  the  two  others,  or,  in  default  of  agreement,  by 
the  First  President  of  the  Court  of  Appeals  of  Paris.  The  first  two 
arbiters  shall  be  named  within  the  month  that  succeeds  the  notifica- 
tion of  the  decree  to  the  inventor;  on  failure  of  agreement  between 
the  arbiters  in  the  designation  of  the  third  arbiter,  the  First  President 
shall  be  appealed  to  by  the  more  diligent  party  for  the  purpose  of 
making  a  nomination. 


166  FBANCE. 

The  arbiters  must  render  their  decision  within  the  term  of  two 
months  counting  from  the  constitution  of  the  arbitral  tribunal.  The 
arbitral  tribunal  shall  decide  without  appeal  as  to  the  amount  of 
indemnity  to  be  allowed  to  the  inventor  and  upon  the  methods  of 
payment ;  its  decision  shall  not  be  susceptible  of  appeal  except  to  the 
Court  of  Cassation  on  the  ground  of  deficient  formalities.  The  ex- 
penses of  arbitration  shall  be  borne  by  the  State. 

ART.  2.  By  reason  of  the  state  of  war,  when  the  publication  of  an 
invention  wherefor  a  patent  application  has  been  filed  is  susceptible 
of  presenting  dangers  or  inconveniences  for  the  national  defense,  a 
decision  of  the  Minister  of  Commerce  and  Industry,  made  on  the 
recommendation  of  the  Commission  provided  for  in  the  foregoing 
article,  may  prohibit  any  disclosure  or  exploitation  of  the  said 
invention. 

This  decision  is  notified  to  the  inventor  or  to  his  attorney  within 
the  term  of  two  months  counting  from  the  filing  of  the  patent  appli- 
cation, and,  for  all  applications  under  consideration,  within  a  term 
of  three  months  counting  from  the  promulgation  of  the  present  law. 
The  delivery,  as  well  as  the  official  publication  of  the  patent  and  of 
the  specification  of  the  invention,  shall  remain,  the  matter  being  com- 
pleted, provisionally  suspended.  No  official  copy  of  the  documents 
filed  accompanying  the  patent  application  shall  be  delivered  in  the 
future,  unless  validly  accepted  reasons  be  furnished  concerning  the 
destination  of  the  copy  applied  for. 

ART.  3.  Ever}7  Frenchman  or  foreigner  admitted  to  domicile  is 
prohibited  from  filing  abroad,  either  directly  or  through  attorney, 
any  patent  application  being  the  subject  of  the  provisions  of  Articles 
1  and  2. 

The  same  persons  are  likewise  prohibited  from  depositing  abroad 
any  patent  application  for  any  invention  pertaining  to  the  navy  or 
to  navigation,  aerostation  or  aviation,  armament,  artillery,  or  mili- 
tary engineering,  telegraphy  or  telephony,  powders  or  explosives, 
asphyxiating  and  Inflammable  materials,  and  generally  to  any  object 
susceptible  of  interesting  the  army  or  navy,  as  well  as  disclosing  or 
exploiting  abroad  any  invention  relative  to  an  object  of  this 
character. 

However,  a  French  or  foreign  inventor  may,  through  special  de- 
cision of  the  Minister  of  Commerce,  on  the  recommendation  of  the 
Commission  provided  in  the  preceding  articles,  be  authorized  to  file 
in  an  allied  or  neutral  country  a  patent  application  concerning  an 
invention  contemplated  in  the  present  law,  and,  the  case  allowed,  to 
there  exploit  the  said  invention.  The  decision  shall  be  made  within 
a  term  that  shall  not  exceed  three  months  counting  from  the  applica- 
tion to  this  effect  presented  at  the  National  Office  of  Industrial  Prop- 
erty. 


FRANCE.  167 

ART.  4.  Every  breach  of  the  provisions  of  the  present  law  shall  be 
punishable  by  the  penalties  provided  in  Article  2  of  the  law  of  April 
18,  1886,  concerning  espionage,  whether  it  has  been  committed  in 
France  or  abroad. 

ART.  5.  The  present  law  shall  remain  applicable  for  the  duration 
of  the  war  and  until  a  date  that  shall  be  fixed  by  decree  on  the  cessa- 
tion of  hostilities. 

The  present  law,  deliberated  and  adopted  by  the  Senate  and  the 
Chamber  of  Deputies,  shall  be  executed  as  a  law  of  the  State. 

Done  at  Paris,  April  12,  1916. 

(Signed)  R.  POINCARE. 

(Signatures  of  Ministers.) 
(From  Journal  Officiel  de  la  Republique  Frangaise,  Apr.  14,  1916.) 


GERMANY. 

LLaw  of  the  7th  of  April,  1891.] 

We,  William,  by  the  Grace  of  God,  German  Emperor,  King  of 
Prussia,  etc.,  ordain,  in  the  name  of  the  Empire,  and  with  the  con- 
sent of  the  Federal  Council  and  Imperial  Parliament,  as  follows : 

ARTICLE  I.  In  place  of  sections  1  to  40  of  the  Patent  Law  of  the 
25th  of  May,  1877  (Imperial  Gazette,  p.  501),  the  following  enact- 
ments are  substituted : 

FIRST  SECTION. — PATENT  LAW. 

SECTION  1.  Patents  are  granted  for  new  inventions  which  allow 
of  industrial  application. 
Excepted  are: 

(1)  Inventions  the  application  of  which  is  contrary  to  the  laws 
or  public  morals. 

(2)  Inventions  relating  to  articles  of  food,  whether  for  nourish- 
ment or  for  enjoyment,  and  medicines,  as  also  substances  prepared 
by  chemical  processes  in  so  far  as  the  inventions  do  not  relate  to  a 
definite  process  for  the  preparation  thereof. 

SEC.  2.  An  invention  is  not  considered  new  if  at  the  time  of  apply- 
ing for  a  patent  under  this  law  it  have  already  been  described  in 
printed  publications  of  the  last  hundred  years  in  such  manner  or 
have  been  so  publicly  used  within  the  realm,  that  its  use  by  other 
experts  appears  possible. 

The  foreign  official  publication  of  the  specifications  shall  only  be 
considered  as  printed  publications  after  the  end  of  three  months 
from  the  date  of  issue,  if  the  patent  be  applied  for  by  the  person 
who  has  applied  for  the  patent  abroad,  or  by  his  legal  representative. 
This  concession,  however,  only  extends  to  the  patent  specifications  of 
those  States  in  which,  according  to  a  publication  in  the  Imperial 
Gazette,  reciprocity  is  guaranteed. 

SEC.  3.  The  person  who  first  applies  for  a  patent  in  accordance 
with  this  law  is  entitled  to  the  grant  of  the  patent.  A  later  applica- 
tion shall  not  give  a  right  to  a  patent  if  the  invention  form  the  sub- 
ject of  the  patent  of  the  prior  applicant.  If  this  supposition  be 
partially  a  fact,  the  later  applicant  has  the  right  only  to  a  patent  of 
corresponding  limitation. 

An  applicant  has  no  right  to  the  grant  of  the  patent  if  the  essen- 
tial parts  of  his  application  have  been  taken  from  the  descriptions, 
drawings,  models,  apparatus,  or  arrangements  of  another,  or  from 
168 


GEEMANY.  169 

a  process  used  by  him,  without  his  consent,  and  if  the  latter  enter  an 
opposition  on  this  ground.  If  the  opposition  result  in  the  with- 
drawal or  refusal  of  the  application,  the  opponent  may,  if  he  him- 
self apply  for  a  patent  for  the  invention  within  a  month  from  the 
date  of  the  decision  relating  thereto,  demand  that  his  application  be 
dated  as  of  the  day  previous  to  the  publication  of  the  prior 
application. 

SEC.  4.  The  patent  has  the  effect  that  the  owner  thereof  has  the 
exclusive  right  of  manufacturing  the  object  of  the  invention  indus- 
trially, bringing  it  into  use,  vending  or  using  the  same.  If  the 
patent  be  for  a  process,  the  right  extends  to  the  products  directly 
manufactured  by  the  process. 

SEC.  5.  The  patent  is  of  no  effect  against  a  person  who,  at  the 
time  of  the  application,  has  already  used  the  invention  within  the 
realm,  or  made  the  necessary  arrangements  for  using  the  same.  Such 
person  has  the  right  to  use  the  invention  for  the  requirements  of  his. 
own  business  in  his  own  works  or  the  works  of  others.  This  right 
can  only  be  inherited  or  disposed  of  together  with  the  said  business. 

The  patent  has  furthermore  no  effect  in  so  far  as  according  to  the 
decisions  of  the  Imperial  Chancellor  the  invention  is  to  be  used  for 
the  Army,  the  Navy,  or  otherwise  in  the  interests  of  the  public  wel- 
fare. The  owner  of  the  patent  has,  however,  in  this  case  a  claim 
against  the  Empire  or  the  particular  State  which  has  desired  the 
limitation  of  the  patent  in  its  special  interests,  for  adequate  com- 
pensation, to  be  settled  in  a  court  of  law  if  no  arrangement  can  be 
come  to. 

The  patent  right  does  not  extend  to  vessels  or  vehicles  which  are 
present  in  the  realm  only  temporarily. 

SEC.  6.  The  claim  to  the  grant  of  the  patent  and  the  rights  arising 
from  the  patent  pass  to  the  heirs.  The  claim  to  the  grant  of  a  patent 
and  the  patent  right  may  be  transferred  to  others  in  a  restricted  or 
mi  restricted  manner  by  agreement,  or  by  testamentary  disposition  in 
the  case  of  death. 

SEC.  7.  The  duration  of  the  patent  is  fifteen  years;  this  term  com- 
mences with  the  day  following  the  application  for  the  patent.  If  an 
invention  relate  fcPEHe  improvement  or  further  development  of  an 
invention  protected  by  a  patent  in  favor  of  the  applicant,  he  may 
apply  for  a  patent  of  addition,  which  terminates  with  the  patent  for 
the  older  invention. 

If,  in  consequence  of  the  declaration  of  nullity  of  the  principal 
patent,  a  patent  of  addition  become  an  independent  patent,  its  dura- 
tion and  the  date  on  which  the  taxes  are  due  is  determined  by  the  day 
of  commencement  of  the  principal  patent.  The  date  of  commence- 
ment of  the  patent  of  addition  determines  the  annual  amount  of  the 
taxes.  In  this  case  the  first  patent  year  is  taken  to  be  the  interval  of 


170  GEKMANY. 

time  between  the  day  of  application  for  the  patent  of  addition  and 
the  next  following  anniversay  of  the  commencement  of  the  principal 
patent. 

SEC.  8.  For  every  patent  a  tax  of  thirty  marks  must  be  paid  before 
the  grant  (sec.  24,  clause  1). 

With  the  exception  of  patents  of  addition  (sec.  7)  there  shall,  in 
addition,  be  paid  on  account  of  the  patent,  at  the  commencement  of 
the  second  and  every  following  year  of  its  duration,  a  tax  amounting 
to  fifty  marks  for  the  first  year  and  increasing  by  fifty  marks  every 
subsequent  year. 

This  tax  (clause  2)  shall  be  paid  within  six  weeks  from  the  date 
on  which  it  falls  due.  After  the  expiration  of  that  time  the  payment 
can  be  made  within  six  further  weeks  only  on  payment  of  an  addi- 
tional tax  of  ten  marks. 

The  owner  of  a  patent  who  proves  his  want  of  means  may  obtain 
the  postponement  of  the  payment  of  the  taxes  for  the  first  and  second 
year  of  the  duration  of  the  patent  until  the  third  year,  and  if  the 
patent  expire  at  the  third  year,  the  said  taxes  may  be  entirely  re- 
mitted. 

The  payment  of  the  taxes  may  be  effected  before  they  fall  due.  If 
the  patent  be  abandoned,  or  revoked,  or  declared  null  and  void,  the 
prepaid  taxes  which  are  not  due  shall  be  refunded. 

By  a  decree  of  the  Federal  Council  the  taxes  may  be  reduced. 

SEC.  9.  The  patent  expires  if  the  owner  thereof  relinquish  it,  or  if 
the  taxes  be  not  paid  within  the  prescribed  time  at  the  Patent  Office 
or  at  a  post  office  within  the  German  Empire. 

SEC.  10.  The  patent  is  declared  null  if  it  be  proved : 

(1)  That  the  subject  matter  was  not  patentable  in  accordance  with 
sections  1  and  2; 

(2)  That  the  invention  forms  the  subject  of  the  patent  of  a  prior 
applicant; 

(3)  That  the  essential  part  of  the  subject  matter  has  been  taken 
from   the   description,   drawings,   models,   implements   or   arrange- 
ments of  another  person,  or  from  a  process  used  by  him,  without  his 
consent. 

If  any  one  of  these  suppositions  (1  to  3)  be  only  partially  proved, 
the  action  for  declaration  of  nullity  shall  have  the  effect  of  limiting 
the  patent  to  a  corresponding  extent. 

SEC.  11.  //  the  owner  of  a  patent  refuse  to  another  person  permis- 
sion to  use  the  invention  after  an  offer  to  pay  reasonable  compensation 
and  to  give  security  for  such  payment,  and  if  it  be  to  the  public 
interest  that  such  permission  should  be  granted,  right  to  use  the  in- 
vention (compulsory  license}  shall  be  granted  to-  such  person.  The 
right  may  be  granted  with  restrictions  and  may  be  made  dependent 
upon  conditions. 


GERMANY.  171 

Provided  no  International  Convention  forbid,  the  patent  may  be 
withdrawn  if  the  invention  be  worked  exclusively  or  mainly  outside 
the  German  Empire  or  Protectorates.  The  transfer  of  the  patent  to 
another  person  shall  be  inoperative  if  made  merely  for  the  purpose 
of  evading  the  withdrawal. 

No  decision  under  paragraphs  1  and  2  shall  be  given  against  the 
owner  of  the  patent  before  the  expiration  of  three  years  from  the 
publication  of  the  grant  of  the  patent. 

[NOTE. — The  words  in  italic  were  substituted  by  Article  I  of  the  law  of  the 
6th  of  June,  1911.] 

[Law  of  tho  6th  of  June,  1911.] 
******* 

ART.  II.  The  provisions  of  the  patent  law  respecting  the  revoca- 
tion of  a  patent  shall  apply  to  the  procedure  and  the  decision  relating 
to  the  grant  of  a  compulsory  license. 

******* 

ART.  IV.  This  law  shall  come  into  force  on  the  1st  day  of  July, 
1911. 

SEC.  12.  Any  person  not  residing  within  the  realm  may  claim  the 
grant  of  a  patent,  and  the  right  accruing  therefrom,  only  if  he  have 
appointed  a  representative  within  the  realm.  The  latter  is  em- 
powered to  represent  the  applicant  in  all  proceedings  under  this 
law,  as  also  in  all  civil  litigation  concerning  the  patent  and  actions 
for  penalties  or  damages.  The  place  where  the  representative  re- 
sides, and  in  the  absence  of  such  a  residence,  the  place  where  the 
Patent  Office  is  located  shall  be  taken  as  the  place  of  jurisdiction,  ac- 
cording to  section  24  of  the  law  on  civil  actions. 

With  the  consent  of  the  Federal  Council  the  Imperial  Chancellor 
may  decree  that  a  right  of  retaliation  shall  be  put  in  force  against 
the  citizens  of  a  foreign  State. 

SECOND  SECTION. — PATENT  OFFICE. 

SEC.  13.  The  grant,  the  declaration  of  nullity,  and  the  revocation 
of  a  patent  is  effected  by  the  Patent  Office. 

The  Patent  Office  has  its  seat  at  Berlin.  It  consists  of  a  president, 
of  members  who  are  qualified  for  a  judicial  appointment  or  for  a 
higher  administrative  office  (legal  members),  and  of  members  whtf 
are  experts  in  a  branch  of  technical  industry  (technical  members). 
The  members  are  appointed  by  the  Emperor,  the  president  being  pro- 
posed by  the  Federal  Council.  The  appointment  of  the  legal  mem- 
bers, when  they  hold  an  appointment  in  the  service  of  the  Empire 
or  State,  is  made  for  the  term  of  such  appointment,  otherwise  for 
life.  The  appointment  of  the  technical  members  is  made  either  for 


172  GEE-MANY. 

life  or  for  five  years.  In  the  latter  case  the  provisions  of  section  16 
of  the  law  concerning  the  legal  status  of  imperial  officers,  of  the  31st 
of  March,  1873,  do  not  apply. 

SEC.  14.  In  the  Patent  Office  are  instituted: 

(1)  Departments  for  the  applications  for  patents. 

(2)  A  department  for  suits  for  declaration  of  nullity  or  for  the 
revocation  of  patents. 

(3)  Departments  for  appeals. 

In  the  departments  for  applications,  only  those  technical  members 
who  hold  life  appointments  may  act.  The  technical  members  of  the 
departments  for  applications  may  not  act  in  the  other  departments, 
and  the  technical  members  of  the  latter  may  not  act  in  the  depart- 
ments for  applications. 

To  enable  decisions  to  be  given  in  the  departments  for  applications 
at  least  three  members  shall  be  present,  of  whom  two  shall  be  techni- 
cal members. 

The  decisions  in  the  departments  for  revocations  and  appeals  shall 
be  given  by  two  legal  and  three  technical  members.  For  other  deci- 
sions the  presence  of  three  members  shall  be  sufficient. 

The  regulations  of  the  civil  process  law  as  to  the  exclusion  and  re- 
jection of  members  of  the  court  apply  in  this  case  also. 

Experts  who  are  not  members  may  be  appointed  to  assist  at  con- 
sultations ;  they  may  not  take  part  in  decisions. 

SEC.  15.  The  decisions  of  the  sections  are  made  in  the  name  of  the 
Patent  Office.  They  shall  be  accompanied  by  the  grounds,  to  be  set 
out  in  writing  and  to  be  sent  officially  to  all  interested  parties. 

SEC.  16.  An  appeal  may  be  made  against  the  decisions  of  the 
application  departments  and  the  annulment  department.  No  mem- 
ber may  take  part  in  the  decisions  in  respect  of  an  appeal  who  has 
taken  part  in  the  decision  appealed  against. 

SEC.  17.  The  formation  of  the  departments,  the  determination  of 
their  scope  of  action,  the  modes  of  procedure  inclusive  of  the  mode 
of  giving  notification,  and  the  order  of  business  of  the  Patent  Office 
shall  be  determined  by  Imperial  Orders,  with  the  assent  of  the  Fed- 
eral Council,  in  so  far  as  they  are  not  determined  by  the  present  law. 

SEC.  18.  At  the  request  of  the  legal  tribunals,  the  Patent  Office  is 
bound  to  give  opinions  upon  questions  concerning  patents,  if  contra- 
dictory opinions  of  experts  be  given  in  a  lawsuit. 

The  Patent  Office  is,  however,  not  otherwise  empowered  to  give 
decisions  or  opinions  outside  its  legal  sphere  of  business  without  the 
consent  of  the  Imperial  Chancellor. 

SEC.  19.  A  register  or  roll  shall  be  kept  at  the  Patent  Office,  which 
shall  indicate  the  subject  matter  and  the  duration  of  patents  grant- 
ed, as  also  the  name  and  place  of  residence  of  the  proprietors  of  the 
patents,  and  of  any  representative  appointed  at  the  time  of  applica- 


GERMANY.  173 

tion.  The  commencement,  termination,  expiration,  declaration  of 
nullity,  and  the  revocation  of  the  patents  shall  be  noted  in  the  regis- 
ter and  at  the  same  time  be  published  in  the  Imperial  Gazette. 

If  a  change  take  place  in  the  ownership  of  a  patent  or  in  his 
representative,  this  shall  also  be  noted  in  the  register  and  published 
in  the  Gazette,  if  positive  evidence  with  regard  thereto  be  supplied 
to  the  Patent  Office.  So  long  as  this  has  not  been  done,  the  original 
owner  of  the  patent  and  his  original  representative  shall  remain 
authorized  and  liable  according  to  this  law. 

The  inspection  of  the  register  or  roll,  of  the  descriptions,  draw- 
ings, models,  and  samples  on  the  basis  of  which  the  patent  has  been 
granted,  is  open  to  anyone,  in  so  far  as  it  does  not  relate  to  a  patent 
taken  in  the  name  of  the  State  for  the  purposes  of  the  Army  or  Navy. 

The  Patent  Office  shall  publish  the  essential  features  of  the  specifi- 
cations and  drawings,  in  so  far  as  these  are  open  to  the  public,  by 
means  of  an  official  journal.  In  the  latter  shall  also  appear  the  noti- 
fications which  shall  be  published  in  the  Imperial  Gazette  in  accord- 
ance with  this  law. 

.  THIRD  SECTION — PROCEDURE  IN  PATENT  MATTERS. 

SEC.  20.  The  application  for  the  grant  of  a  patent  shall  be  made 
in  writing  at  the  Patent  Office.  For  each  invention  a  separate  appli- 
cation is  required.  The  application  must  contain  the  demand  for  the 
grant  of  the  patent,  and  must  indicate  accurately  the  subject  matter 
which  is  to  be  protected  by  the  patent.  The  application  must  be  ac- 
companied by  a  written  statement  describing  the  invention  in  such  a 
manner  that  the  use  thereof  by  others  skilled  in  the  art  appears  pos- 
sible. At  the  end  of  the  description  must  be  indicated  the  features 
which  are  to  be  protected  by*  patent  (claim).  The  necessary  draw- 
ings, models,  and  samples  must  also  be  delivered. 

The  Patent  Office  shall  issue  rules  as  to  other  requirements  for  the 
application. 

Until  the  decision  as  to  the  publication  of  the  application,  amend- 
ments of  the  subject  matter  shall  be  allowable.  Simultaneously  with 
the  application  twenty  marks  shall  be  paid  for  the  costs  of  the  pro- 
ceeding. 

SEC.  21.  The  application  shall  be  subjected  to  a  preliminary  exam- 
ination by  a  member  of  the  application  department. 

If  in  such  examination  the  application  do  not  appear  to  comply 
sufficiently  with  the  prescribed  rules  (sec.  20),  the  applicant  shall 
be  required  by  a  notice  to  remove  the  defects  within  a  prescribed 
time. 

If  the  preliminary  examination  show  that  no  patentable  invention 
exists  according  to  sections  1,  2,  and  3,  clause  1,  the  applicant  shall 


174  GERMANY. 

be  notified  thereof,  with  an  indication  of  the  grounds,  and  with  a 
request  to  reply  within  a  certain  time. 

If  the  applicant  do  not  answer  the  preliminary  notification  (clauses 
2  and  3)  within  the  prescribed  time,  the  application  shall  be  consid- 
ered as  withdrawn;  if  he  reply  within  the  time,  the  application  de- 
partment shall  come  to  a  decision  in  the  matter. 

SEC.  22.  If  the  application  do  not  comply  with  the  prescribed  re- 
quirements (sec.  20),  or  if  it  be  found  that  no  patentable  invention 
exists  according  to  sections  1,  2,  and  3,  clause  1,  the  application  shall 
be  refused  by  the  department.  The  member  who  gave  the  preliminary 
decision  shall  not  take  part  in  the  final  decision. 

If  the  refusal  of  the  application  be  based  upon  circumstances  that 
were  not  already  communicated  to  the  applicant  in  the  preliminary 
notification,  he  shall  first  be  afforded  the  opportunity  of  making  a 
statement  with  regard  thereto  within  a  certain  time. 

SEC.  23.  If  the  Patent  Office  consider  the  application  to  be  in  order, 
and  the  grant  of  a  patent  to  be  possible,  it  shall  determine  on  the 
publication  of  the  application.  Upon  publication,  the  legal  effects 
of  the  patent  (sees.  4  and  5)  shall  provisionally  come  into  force,  to 
the  benefit  of  the  inventor,  in  respect  of  the  subject  matter  of  the 
invention. 

The  publication  shall  be  effected  by  publishing  once  in  the  Im- 
perial Gazette  the  name  of  the  applicant  and  the  essential  features 
of  the  subject  matter  contained  in  his  application.  The  publication 
shall  include  a  notice  that  the  subject  matter  of  the  application  is 
provisionally  protected  against  infringement. 

At  the  same  time  the  application,  together  with  all  the  accompany- 
ing documents,  shall  be  laid  open  to  public  inspection  at  the  Patent 
Office.  The  publication  may  also  be  effected  in  other  places  besides 
Berlin,  according  to  the  provisions  of  section  17. 

On  the  demand  of  the  applicant  the  publication  may  be  post- 
poned for  a  time  not  exceeding  six  months  reckoned  from  the  date 
of  notification  of  the  publication.  The  application  for  postpone- 
ment for  three  months  may  not  be  refused. 

In  the  case  of  a  patent  being  applied  for  in  the  name  of  the  Im- 
perial Administration,  for  the  purposes  of  the  Army  or  Navy,  the 
patent  may,  on  demand,  be  granted  without  any  publication.  In  this 
case,  moreover,  the  entry  in  the  patent  registry  shall  not  take  place. 

SEC.  24.  Within  a  term  of  two  months  after  the  publication  (sec. 
23)  the  first  yearly  tax  (sec.  8,  clause  1)  must  be  paid.  If  the  pay- 
ment be  not  made  within  that  time  the  application  shall  be  consid- 
ered as  withdrawn. 

Within  the  same  term  opposition  to  the  grant  of  the  patent  may 
be  lodged.  The  opposition  must  be  made  in  writing,  and  must  be 
accompanied  by  grounds.  It  may  only  be  based  upon  the  assertion 


GERMANY.  175 

that  the  subject  matter  is  not  patentable  according  to  sections  1  and 

2,  or  that  the  applicant  is  not  entitled  to  a  patent  according  to  section 

3.  In  the  case  of  section  3,  clause  2,  the  injured  person  only  is  entitled 
to  oppose. 

After  the  expiration  of  the  term  the  Patent  Office  shall  decide  as 
to  the  grant  of  the  patent.  The  member  who  has  given  the  prelimi- 
nary decision  (sec.  21)  may  not  take  part  in  this  final  decision. 

SEC.  25.  At  the  preliminary  examination,  and  in  the  procedure  in 
the  application  department,  the  parties  interested  may  be  summoned 
and  heard,  also  witnesses  and  experts  may  be  examined  and  any  other 
inquiries  necessary  for  elucidating  the  matter  may  be  instituted. 

SEC.  26.  Against  the  decision  by  which  the  application  has  been 
refused,  the  applicant  may  appeal  within  one  month  from  the  date 
of  the  notification,  and  against  decisions  on  oppositions  the  appli- 
cant or  the  opponent  may  also  appeal  within  the  same  time.  On  lodg- 
ing the  appeal  twenty  marks  must  be  paid  for  the  costs  of  the  appeal 
procedure.  If  the  tax  be  not  paid  the  appeal  shall  be  considered  as 
not  made. 

If  the  appeal  be  informal  or  have  been  filed  too  late  it  shall  be 
rejected  as  not  admissible. 

If  the  appeal  be  considered  admissible,  the.  further  proceedings 
shall  be  determined  according  to  section  25.  The  summoning  and 
hearing  of  the  parties  interested  shall  take  place  on  the  demand  of 
one  of  them.  The  demand  may  only  be  rejected  if  the  summoning  of 
the  applicant  have  already  taken  place  in  the  proceedings  before  the 
application  department. 

If  the  decision  on  the  appeal  be  based  on  grounds  different  from 
those  on  which  the  decision  which  is  appealed  against  was  based, 
the  parties  shall  first  have  the  opportunity  of  making  a  statement 
thereon. 

The  Patent  Office  has  the  power  to  decide  how  far  the  costs  of  the 
appeal  shall  be  borne  by  the  losing  side,  as  also  to  order  that  the 
party  whose  appeal  is  considered  justified  shall  have  the  tax  (par.  1) 
repaid  to  him. 

SEC.  27.  If  the  grant  of  the  patent  be  finally  decided  upon,  the 
Patent  Office  shall  cause  a  notification  thereof  to  be  published  in  the 
Imperial  Gazette,  and  shall  then  issue  a  document  for  the  patentee. 

If  the  application  be  withdrawn  after  publication  (sec.  23),  or 
if  the  patent  be  refused,  this  shall  also  be  published.  The  annual 
tax  already  paid  shall  in  these  cases  be  refunded.  If  the  patent  be 
refused,  the  operation  of  the  provisional  protection  shall  cease. 

SEC.  28.  The  institution  of  proceedings  for  declaration  of  nullity 
or  for  revocation  of  the  patent  takes  place  only  on  demand. 

In  the  case  of  section  10,  No.  3,  the  aggrieved  party  is  alone  en- 
titled to  apply. 

9316^—19 12 


176  GERMANY. 

In  the  case  of  section  10,  No.  1,  the  application  is  not  allowable 
if  made  after  the  expiration  of  five  years  from  the  date  on  which  the 
publication  of  the  grant  of  the  patent  was  effected  (sec.  27,  clause  1). 

The  application  must  be  made  in  writing  to-  the  Patent  Office,  and 
must  state  the  facts  upon  which  it  is  based.  With  the  application  a 
fee  of  fifty  marks  must  be  paid.  If  the  payment  be  not  made,  the 
application  shall  be  consiclererd  as  not  having  been  lodged.  The 
fee  shall  be  refunded  if  the  procedure  be  carried  out  without  hear- 
ing the  parties  interested. 

If  the  applicant  be  domiciled  abroad,  he  shall  be  required  to 
give  the  other  party,  on  demand,  security  as  to  the  costs  of  the  pro- 
ceedings. The  amount  of  security  shall  be  determined  by  the  Patent 
Office  alone.  The  applicant  shall  be  notified  of  a  time  within  which 
the  security  must  be  paid,  at  the  time  of  determining  the  security. 
If  the  security  be  not  paid  in  before  the  end  of  the  term,  the  appli- 
cation shall  be  considered  as  withdrawn. 

SEC.  29.  After  the  institution  of  the  proceedings  has  been  ordered, 
the  Patent  Office  on  informing  the  patentee  of  the  application  shall 
require  him  to  answer  the  same  within  one  month. 

If  the  patentee  do  not  answer  within  that  time,  the  case  may  be 
decided  without  summoning  and  hearing  the  parties  interested,  and 
in  such  decision  every  assertion  made  by  the  applicant  may  be  taken 
as  proved. 

SEC.  30.  If  the  patentee  reply  within  the  prescribed  time,  or  if, 
in  the  case  of  section  29,  clause  2,  the  case  be  not  decided  immediately 
after  the  application,  the  Patent  Office  shall  issue  the  necessary  orders 
for  investigating  the  matter,  and,  in  the  first  case,  communicate  the 
patentee's  answer  to  the  applicant.  The  Patent  Office  may  order  the 
hearing  of  witnesses  and  experts.  In  this  respect  the  regulations  of 
the  code  of  civil  laws  shall  apply.  The  depositions  must  be  taken 
down  in  writing  by  a  sworn  recorder. 

The  decision  shall  take  place  after  a  summons  and  hearing  of  the 
the  parties. 

******* 

[NOTE. — The  third  paragraph  of  this  section  was  repealed  by  Article  III 
of  the  law  of  the  6th  of  June,  1911.] 

SEC.  31.  In  the  decision  (sees.  29  and  30)  the  Patent  Office  shall 
have  power  to  decide  what  proportion  of  the  costs  of  the  proceedings 
shall  be  charged  to  the  parties  to  the  suit. 

SEC.  32.  It  shall  be  the  duty  of  the  law  courts  to  afford  the  Patent 
Office  legal  assistance.  The  determination  of  fines  against  witnesses 
or  experts  who  do  not  appear  when  summoned,  or  who  refuse  to 
give  evidence  or  to  take  the  oath,  as  also  the  compulsory  attendance  of 
witnesses  who  fail  to  appear,  shall  be  effected  on  demand  through  the 
law  courts. 


GERMANY.  .  177 

SEC.  33.  Against  the  decision  of  the  Patent  Office  (sees.  29  and  30) 
appeals  may  be  lodged.  The  appeal  is  to  the  Imperial  Court.  It 
must  be  lodged  in  writing  at  the  Patent  Office  within  six  weeks  from 
the  date  of  notification,  and  grounds  of  appeal  must  be  given. 

By  the  judgment  of  the  court,  the  costs  of  the  proceedings  shall 
also  be  determined  according  to  section  31. 

In  all  other  respects  the  proceedings  of  the  court  shall  be  deter- 
mined by  regulations  to  be  drafted  by  the  court  and  settled  by 
Imperial  Order,  confirmed  by  the  Federal  Council. 

SEC.  34.  As  regards  the  mode  of  conducting  written  and  verbal 
communications  before  the  Patent  Office,  the  regulations  in  this  re- 
spect holding  good  in  the  law  courts  shall  apply.  Communications 
that  are  not  in  the  German  language  shall  not  be  considered. 

FOURTH  SECTION. — FINES  AND  DAMAGES. 

SEC.  35.  Whoever  knowingly  or  by  gross  negligence  makes  use  of 
an  invention  contrary  to  the  regulations  of  sections  4  and  5  is  liable 
to  pay  damages  to  the  injured  party. 

If  the  invention  in  question  relate  to  a  process  for  the  production 
of  a  new  substance,  all  substances  of  a  like  nature  shall  be  considered 
as  having  been  made  by  a  patented  process,  until  proof  to  the  con- 
trary be  given. 

SEC.  36.  Whoever  knowingly  makes  use  of  an  invention  against 
the  regulations  of  sections  4  and  5  shall  be  punished  by  a  fine  not 
exceeding  five  thousand  marks,  or  by  imprisonment  not  exceeding 
one  year. 

The  penal  proceedings  shall  only  be  instituted  on  application. 
This  application  may  be  withdrawn. 

If  punishment  be  awarded,  the  injured  party  shall  be  authorized 
to  publish  the  sentence  at  the  cost  of  the  defendant.  The  mode  of 
publication  and  the  time  within  which  it  must  be  effected  shall  be 
determined  in  the  sentence. 

SEC.  37.  In  place  of  the  damages  awarded  according  to  this  law, 
the  court  may,  at  the  request  of  the  plaintiff,  award,  in  addition  to 
the  fine  or  punishment,  a  penalty  not  exceeding  ten  thousand  marks, 
to  be  paid  to  him.  For  this  penalty  all  the  defendants  are  liable  as 
joint  debtors. 

The  award  of  such  penalty  shall  prevent  any  further  action  for 
damages  being  instituted. 

SEC.  38.  In  a  civil  suit  in  which  the  plaintiff  or  defendant  ad- 
vances a  claim  based  on  the  provisions  of  this  law,  the  action  shall 
be  referred  to  the  Imperial  Court  for  trial  and  final  decision  accord- 
ing to  section  8  of  the  regulations  of  the  "Gerichts-Verfassungs- 
Gesetz." 


178  GERMANY. 

SEC.  39.  No  action  for  infringement  of  patent  right  shall  lie  after 
the  expiration  of  three  years  from  the  date  on  which  any  one  of  the 
alleged  infringements  was  effected. 

SEC.  40.  A  punishment  by  fine  not  exceeding  one  thousand  marks 
shall  be  inflicted — 

(1)  On  any  person  who  places  upon  articles  or  the  packing  thereof 
a  mark  or  description  which  leads  to  the  erroneous  belief  that  the 
articles  are  protected  by  a  patent  according  to  this  law ; 

(2)  On  any  person  who,  in  public  advertisements,  on  signboards, 
business  cards,  or  similar  publications,  employs  a  designation  which 
is  calculated  to  cause  the  erroneous  impression  that  the  articles  men- 
tioned therein  are  protected  by  a  patent  according  to  this  law. 

ART.  II.  The  action  of  section  28,  clause  3,  of  Article  I  shall  ex- 
tend to  all  patents  now  in  force,  with  the  condition  that  the  applica- 
tion shall  be  made  within  three  years  from  the  date  on  which  this 
law  comes  into  force. 

ART.  III.  This  law  shall  come  into  force  on  the  1st  day  of  October, 
1891. 

PATENT  AGENTS  ACTS  OF  THE   2 1ST  OF   MAY,   1900. 

SECTION  1.  The  Patent  Office  shall  keep  a  register  of  patent  agents. 
In  this  register  shall  be  entered  at  their  request  persons  who,  prac- 
ticing on  their  own  account,  desire  to  represent  others  professionally 
in  matters  pertaining  to  the  Patent  Office. 

SEC.  2.  Registration  shall  only  be  allowed  on  the  applicant  prov- 
ing his  technical  qualifications  and  legal  knowledge  according  to 
sections  3  and  4. 

Registration  shall  be  refused — 

1.  If  the  applicant  be  not  resident  in  Germany  ; 

2.  If  he  have  not  completed  his  twenty-fifth  year ; 

3.  If  by  legal  procedure  he  be  restricted  in  the  disposal  of  his 
personal  property ; 

4.  If  he  have  been  guilty  of  improper  behavior — political,  scien- 
tific, and  religious  beliefs  and  actions  are  not  considered  as  such. 

If  registration  be  refused  according  to  No.  4  of  section  2  an  appeal 
may  only  be  made  according  to  the  following  regulations.  The  ap- 
peal must  be  left,  in  writing,  at  the  Patent  Office  within  one  month 
of  the  delivery  of  the  decision.  The  appeal  shall  be  decided  by  a 
"Court  of  Honor."  The  procedure  shall  be  determined  by  para- 
graphs 2  and  3  of  section  9  and  sections  10,  11,  12,  and  13. 

SEC.  3.  Applicants  shall  be  considered  qualified  as  regards  tech- 
nical knowledge  if  they  have  regularly  attended  a  university,  tech- 
nical high  school,  or  school  of  mines,  and,  having  there  studied 
natural  science  and  technical  subjects,  have  passed  either  a  State  or 
academical  examination,  and  have,  in  addition,  worked  practically 


GERMANY.  179 

in  technical  matters  for  at  least  one  year,  and  have  then  been  em- 
ployed in  connection  with  the  legal  protection  of  industrial  property 
for  at  least  two  years. 

Attendance  at  foreign  universities  and  schools  and  practical  work- 
ing abroad  may  be  held,  by  a  decision  of  the  examining  committee 
(sec.  4),  to  be  sufficient.  The  technical  examination  (par.  1)  must, 
however,  be  passed  in  Germany. 

SEC.  4.  The  possession  of  the  requisite  legal  knowledge  must  be 
shown  by  passing  an  examination,  to  which  only  those  who  have 
proved  their  technical  qualifications  shall  be  admitted.  The  exami- 
nation shall  be  both  oral  and  written,  and  shall  be  mainly  directed 
to  ascertaining  whether  the  applicant  possesses  the  capacity  of  apply- 
ing practically  the  regulations  relating  to  the  legal  protection  of 
industrial  property. 

The  examination  shall  be  carried  out  before  a  committee  to  which 
members  of  the  Patent  Office  and  patent  agents  shall  be  appointed  by 
the  Imperial  Chancellor.  In  the  event  of  the  applicant  not  passing 
the  examination  he  may  enter  once  again  after  a  period,  of  at  least 
six  months,  to  be  determined  by  the  examining  committee. 

Further  particulars  as  to  the  composition  and  functions  of  the 
examining  committee,  the  procedure  in  examinations,  and  the  ex- 
amination fees  shall  be  decided  by  an  order  as  to  examinations  of 
the  Bundesrath. 

SEC.  5.  A  patent  agent  must  conduct  his  business  in  a  conscien- 
tious manner,  and  show  by  his  conduct  in  carrying  on  his  business, 
as  also  outside  the  same,  that  he  is  worthy  of  the  consideration  or 
esteem  which  his  profession  requires.  He  shall  give  an  assurance  for 
the  fulfillment  of  these  obligations,  to  be  confirmed  by  the  shaking 
of  hands.  The  regulation  of  section  2,  No.  4,  shall  apply. 

SEC.  6.  The  registration  shall  be  canceled  by  the  Patent  Office — 

1.  On  the  application  of  the  registered  person. 

2.  On  his  death. 

3.  If  he  do  not  reside  in  Germany. 

If  in  consequence  of  a  legal  enactment  he  be  restricted  in  the 
disposal  of  his  property. 

SEC.  7.  The  registration  shall  also  be  canceled  if  facts  that  would 
have  prevented  the  registration  according  to  section  2,  No.  4,  be 
subsequently  ascertained,  or  if  the  registered  person  contravene  the 
obligations  imposed  on  him  under  section  5. 

In  less  serious  cases  of  infraction  of  duty  there  may  be  substituted 
for  cancellation  of  the  registration  a  monetary  fine  up  to  3,000  marks, 
with  which  may  be  combined  a  reprimand. 

SEC,  8.  The  decisions  under  section  7  are  given  by  a  "Court  of 
Honor." 


180  GERMANY. 

SEC.  9.  The  institution  of  proceedings  is  determined  on  by  the 
Imperial  Chancellor.  Should  he  consider  a  preliminary  investiga- 
tion necessary,  he  shall  name  the  investigating  officials. 

The  accused  shall  be  heard  on  the  points  of  accusation. 

During  the  proceedings  the  hearing  of  witnesses  and  experts  may 
at  any  time  be  ordered.  The  rules  of  criminal  procedure  in  relation 
to  evidence  and  defense  apply  in  this  case.  Patent  agents  may  be 
heard  for  the  defense. 

SEC.  10.  The  proceedings  are  conducted  and  the  decision  given  by 
a  "  Court  of  Honor  "  composed  of  two  members  of  the  Patent  Office, 
one  a  legal  and  the  other  a  technical  member,  and  three  patent  agents. 
The  legal  member  of  the  Patent  Office  occupies  the  chair. 

The  accused  shall  have  the  indictment  communicated  to  him  in 
writing,  and  shall  be  requested  to  attend  the  hearing. 

The  rules  of  criminal  procedure  relatively  to  the  exclusion  and 
refusal  of  the  legal  functionaries  are  applicable. 

The  oral  proceedings  are  not  public,  but  the  "  Court  of  Honor " 
may  order  them  to  be  so;  and  the  hearing  must  be  public  if  the 
accused  desire  it,  provided  that  the  conditions  of  section  173  of  the 
law  relating  to  legal  procedure  do  not  apply. 

SEC.  11.  The  decision,  including  the  grounds,  shall  be  in  writing, 
and  shall  be  officially  transmitted  to  the  accused.  If  the  decision 
go  against  him,  he  shall  bear  the  actual  cost  of  the  investigation. 

SEC.  12.  The  accused  may  appeal  against  the  decision. 

The  appeal  must  be  left  at  the  Patent  Office  within  one  month  from 
the  date  on  which  the  decision  was  transmitted  to  the  accused. 

The  appeal  is  decided  by  "  a  High  Court  of  Honor  "  consisting  of 
three  members  of  the  Patent  Office,  of  which  the  chairman  and  one 
other  must  be  legal  members,  and  four  patent  agents.  The  proceed- 
ings are  governed  by  the  rules  of  section  9,  paragraph  2,  and  sections 
10  and  11. 

SEC.  13.  If,  before  the  decision  is  given,  the  accused  apply  to  have 
his  name  struck  off  the  register,  the  proceedings  shall  be  stopped. 
The  accused  shall  then  pay  the  actual  cost  of  the  proceedings. 

SEC.  14.  The  Imperial  Chancellor  shall  nominate  in  advance  each 
year  members  of  the  Patent  Office  to  act  under  sections  10  and  11, 
and  he  shall  also  nominate  twenty  patent  agents,  from  whom  the 
required  number  for  each  court  shall  be  determined  by  ballot  at  a 
public  sitting  of  Appeal  Section  (I)  of  the  Patent  Office. 

SEC.  15.  The  entries  in  and  excisions  from  the  register  of  the  names 
of  patent  agents  shall  be  made  public. 

SEC.  16.  Patent  agents  may  apply  for  the  names  of  persons  who 
are  to  permanently  represent  them  in  business  before  the  Patent  Office 
to  be  entered  in  a  special  column  of  the  register.  The  prescriptions 
of  sections  2  and  3  apply  to  such  registrations.  It  is,  however,  suf- 


GERMANY.  181 

ficient  if  the  applicant  have  completed  his  twenty-first  year,  and, 
after  passing  the  State  or  academical  examinations  in  technical  mat- 
ters, have  been  practically  engaged  for  at  least  one  year  in  the 
province  of  the  legal  protection  of  industrial  property.  The  pre- 
scriptions of  sections  5,  13,  also  apply  to  such  persons. 

SEC.  17.  The  president  of  the  Patent  Office  is  empowered  to  exclude 
from  representation  persons  who  are  acting  professionally  as  repre- 
sentatives without  being  entered  on  the  register.  Solicitors  are  not 
included  in  this  regulation. 

SEC.  18.  Patent  agents  shall  not  be  excluded  from  the  representa- 
tion of  other  persons  before  the  Patent  Office  on  the  ground  of  the 
rule  in  section  35,  paragraph  3,  of  the  Gew&rbe  Ordnung. 

SEC.  19.  Any  person  calling  himself  a  "patent  agent"  or  using 
any  similar  designation  leading  to  the  belief  that  he  is  registered  as 
a  patent  agent,  without  being  so  registered,  is  subject  to  a  penalty  of 
300  marks,  or,  if  without  means,  to  imprisonment. 

SEC.  20.  To  those  persons  who,  at  the  time  of  coming  into  force 
of  this  Act,  are  already  practicing  the  representative  business  on 
their  own  account,  section  IT  shall  only  apply  after  the  1st  of  April, 
1901.  Those  who  before  that  date  prove  the  fulfillment  of  the  quali- 
fications of  section  3,  and  apply  to  be  examined  under  section  4,  may 
not  be  prevented  from  practicing  as  representatives  up  to  the  final 
decision  as  to  their  entry  on  the  register,  provided  no  case  occur  under 
section  2,  paragraph  2. 

Whoever  at  the  time  of  the  coming  into  force  of  this  Act  has 
professionally  carried  on  agency  business  on  his  own  account  since 
the  1st  of  January,  1899,  shall,  on  his  application,  be  entered  on  the 
register  of  patent  agents,  even  though  he  have  not  complied  with  the 
conditions  under  sections  3  and  4,  provided  his  mode  of  conducting 
business  and  his  behavior,  both  in  carrying  on  his  profession  and 
outside  the  same,  have  not  given  rise  to  material  objections. 

Such  application  shall  be  made  before  the  1st  of  April,  1901,  and 
shall  be  decided  on  by  the  examining  committee.  If  the  decision  be 
adverse,  the  applicant  may  appeal.  The  appeal  shall  be  lodged  in 
writing  at  the  Patent  Office  within  one  month  after  the  applicant  was 
notified  of  the  decision.  The  appeal  shall  be  heard  and  finally  de- 
cided by  the  "High  Court  of  Honor"  (sec.  12,  par.  3).  The  pro- 
cedure is  determined  by  the  prescriptions  of  sections  9,  10,  and  11. 

The  accused  may  not  be  prevented  from  carrying  on  his  agency 
business  until  the  final  decision  has  been  given. 

SEC.  21.  Any  person  who  has  professionally  carried  on  the  agency 
business  since  the  1st  of  January,  1899,  even  though  not  on  his  own 
account,  or  who  has  been  employed  as  a  technical  member  of  the 
Patent  Office  for  at  least  two  years,  may  on  application  obtain  a  cer- 
tificate as  to  his  qualification  as  a  permanent  representative  of  a 


182  GERMANY. 

patent  agent,  even  though  he  have  not  fulfilled  the  requirements  of 
section  3,  provided  his  manner  of  working  and  behavior  have  not 
given  rise  to  material  objection.  The  application  and  procedure  are 
governed  by  the  prescriptions  of  section  20,  paragraph  3. 

Whoever  has  obtained  such  certificate  shall  be  entered  in  the 
special  column  of  the  register  (sec.  16)  on  the  application  of  a  patent 
agent  who  has  intrusted  him  with  his  permanent  representation.  On 
his  own  application  he  shall  be  admitted  to  the  examination  (sec. 
4),  and  in  the  event  of  his  passing  he  shall  be  entered  on  the  register 
as  a  patent  agent,  provided  no  impediment  have  arisen  under  section 
2,  paragraph  2.  The  applicant  may  be  excused  such  examination 
by  a  unanimous  decision  of  the  examination  committee,  if  his  posses- 
sion of  the  necessary  knowledge  be  proved  by  his  previous  business 
capacity.  An  application  to  this  effect  must  be  presented  by  the  1st 
of  October,  1901,  at  latest. 

SEC.  22.  This  law  shall  come  into  force  on  the  1st  of  October,  1900. 

So  long  as  a  sufficient  number  of  patent  agents  has  not  been  en- 
tered on  the  register,  the  Imperial  Chancellor  shall  nominate  in  lieu 
thereof  persons  who  have  on  their  own  account  acted  professionally 
as  representatives  of  others  in  the  matter  of  the  legal  protection  of 
industrial  property. 


GERMANY— rGERMAN    COLONIES. 

INDUSTRIAL  ,  PROPERTY — INTERNATIONAL  CONVENTION   MADE 

EFFECTIVE. 

[Translation.] 

[Notice  of  July  21,  1914,  relating  to  the  Paris  Convention  for  the  protection  of  industrial 
property,  revised  at  Brussels  on  December  14,  1900,  and  at  Washington  on  June  2, 
1911.] 

In  view  of  article  166  of  the  Paris  Convention  of  March  20,  1883, 
for  the  protection  of  industrial  property,  revised  at  Brussels  on  De- 
cember 14, 1900,  and  at  Washington  on  June  2,  1911,  a  declaration  in 
writing  was  handed  to  the  Swiss  Government  to  the  effect  that  this 
Convention  has  become  effective  in  the  German  protectorates  simulta- 
neously with  the  enforcement  thereof  in  the  German  Empire. 

Berlin,  July  21,  1914. 

By  order  of  the  Chancellor  of  the  Empire : 

(Signed)  ZIMMERMAN. 

(From  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen.) 


GERMANY. 

[The  act  relating  to  the  protection  of  Gebrauchsmuster.      (Utility  model  patents.)] 

We,  William,  by  the  grace  of  God,  German  Emperor,  King  of 
Prussia,  etc.,  after  receiving  the  assent  of  the  Federal  Council  and 
of  the  Parliament  of  the  Empire  enact  in  the  name  of  the  Empire 
as  follows : 

SECTION  1.  Models  of  implements  or  useful  articles,  or  parts  of  the 
same  are  protected  according  to  the  tenor  of  this  act  as  useful  models, 
in  so  far  as  the  same  can  be  applied  for  the  purposes  of  manufacture 
or  utility  in  consequence  of  a  new  shape,  a  new  arrangement,  or  a 
new  device. 

Models  are  not  considered  as  new,  in  so  far  as,  at  the  date  of  filing 
the  same  according  to  the  provisions  of  this  act,  they  have  been 
already  described  in  public  prints  or  publicly  used  in  this  country 
(Germany). 

SEC.  2.  Models,  for  which  protection  as  useful  models  is  applied 
for,  are  to  be  notified  in  writing  to  the  Patent  Office.  The  application 
must  state  under  what  title  the  model  is  to  be  registered  and  what 
purpose  of  manufacture  or  utility  the  new  feature  or  device  is  in- 
tended to  serve.  Each  and  every  application  must  be  accompanied 
by  a  copy  or  drawing  of  the  model  (in  duplicate).  In  respect  to 
the  further  requirements  of  the  application  the  Patent  Office  will 
issue  regulations. 

A  fee  of  15  marks  must  be  paid  for  each  and  every  model  filed 
at  the  time  of  the  application. 

SEC.  3.  If  the  application  answers  to  the  requirements  of  section  2 
the  patent  office  decrees  the  registration  in  the  records  for  useful 
models.  The  registration  must  include  the  name  and  residence  of 
the  applicant  as  well  as  the  time  of  application.  The  registrations 
are  to  be  published  at  definite  dates  in  the  Imperial  Gazette. 
Changes  of  ownership  will  on  application  be  noted  on  the  register. 
The  examination  of  the  register,  as  well  as  of  the  applications  by 
reason  of  which  the  registrations  were  made,  is  free  to  everybody. 

SEC.  4.  The  registration  of  a  useful  model  according  to  the  tenor 
of  section  1  gives  the  registered  applicant  the  exclusive  right  of 
reproducing  the  model  for  trade  purposes,  of  introducing  on  to  the 
market,  of  displaying  or  using  the  implements  and  articles  thus  pro- 
duced. Eights,  based  on  a  subsequent  application,  may  not,  in  so 
far  as  they  infringe  rights  based  on  a  prior  application,  be  carried 

183 


184  GERMANY. 

into  effect  without  the  permission  of  the  registered  owner  of  the 
latter.  If  the  essential  contents  of  the  registration  are  taken,  with- 
out consent,  from  the  descriptions,  drawings,  models,  implements  or 
arrangements  of  another  person,  the  protection  based  on  this  act  shall 
not  affect  the  injured  party. 

SEC.  5.  In  so  far  as  a  right  founded  on  section  4  infringes  a  patent, 
the  application  for  which  was  filed  prior  to  the  application  for  pro- 
tecting the  model,  the  party  entered  on  the  register  of  models  may 
not  make  use  of  such  right  without  permission  of  the  first  patentee. 
Similarly,  in  so  far  as  a  right  based  upon  section  4  infringes  a  patent 
subsequently  filed,  the  right  derived  from  this  patent  may  not  be 
made  use  of  without  the  consent  of  the  owner  registered  in  the 
records  of  useful  models. 

SEC.  6.  If  the  requirements  of  section  1  are  wanting,  anyone  can 
claim  that  the  registration  of  the  useful  model  be  canceled.  In  the 
case  of  sections  4  and  5,  the  injured  party  can  claim  that  the  registra- 
tion of  the  useful  model  be  canceled. 

SEC.  7.  The  right  based  on  the  registration  in  the  records  passes 
over  to  the  Jieirs  and  can  be  transferred,  either  restricted  or  un- 
restricted, to  other  persons  by  contract  or  testament. 

SEC.  8.  The  duration  of  the  protection  is  three  years;  the  period 
begins  on  the  day  following  the  application.  On  payment  of  a 
further  duty  of  60  marks  (£3)  prior  to  the  expiration  of  the  period, 
an  extension  of  the  period  of  protection  for  another  three  years  will 
be  granted.  The  extension  will  be  registered  in  the  records.  If, 
during  the  period  of  protection,  the  registered  party  renounces  his 
right  to  the  protection  the  registration  will  be  canceled.  The  cancel- 
men  ts  of  registration  not  taking  place  in  consequence  of  the  lapse 
of  the  period  of  protection  are  to  be  published  at  definite  periods  in 
the  Imperial  Gazette. 

SEC.  9.  Whoever  wittingly  or  through  culpable  negligence  makes 
use  of  a  useful  model  in  contravention  of  the  provisions  of  the  sec- 
tions 4  and  5  is  liable  for  damages  to  the  injured  party.  Suits  con- 
cerning infringements  of  the  right  of  protection  become  superan- 
nuated in  three  years  in  consideration  of  each  and  every  act  on 
which  the  same  is  based. 

SEC.  10.  Whoever  wittingly  makes  use  of  a  useful  model  in  contra- 
vention of  the  provisions  of  sections  4  and  5  is  liable  to  a  fine  not  ex- 
ceeding 5,000  marks  (£250)  or  to  one  year's  imprisonment.  The 
prosecution  is  initiated  only  011  application.  The  withdrawal  of  the 
application  is  permissible,  On  the  passing  of  judgment  the  right  to 
publish  the  same  at  the  cost  of  the  condemned  party  is  to  be  im- 
mediately awarded  to  the  injured  party.  The  mode  of  the  publica- 
tion as  well  as  the  period  for  the  same  is  to  be  determined  in  the 
judgment. 


GERMANY.  185 

SEC.  11.  Besides  the  punishment,  a  penalty  up  to  10,000  marks 
(£500)  and  payable  to  the  injured  party  may  be  fixed,  on  the  ap- 
plication of  the  latter,  in  place  of  all  compensation  arising  out  of 
this  law.  For  this  penalty  the  condemned  parties  are  responsible  as 
joint  debtors.  A  penalty  thus  fixed  excludes  the  validity  of  all 
further  claim  to  compensation. 

SEC.  12.  In  civil  suits,  in  which  by  plaint  or  counterplea  a  claim 
is  made  founded  on  the  provisions  of  this  law,  the  action  and  decision 
for  final  judgment  shall  be  carried  to  the  imperial  court  in  accord- 
ance with  section  8  of  the  preamble  to  the  law  of  legal  constitution. 

SEC.  13.  Whoever  has  no  residence  or  establishment  in  this  country 
(Germany)  can  claim  the  protection  of  this  law  only  when  in  the 
State  in  which  he  has  his  residence  or  establishment.  German  utility 
models  enjoy  protecton  in  accordance  with  a  publication  con- 
tained in  the  Imperial  Law  Gazette.  Whoever  files  an  application 
based  on  the  above  provision  must  at  the  same  time  appoint  a  repre- 
sentative dwelling  in  this  country  (Germany).  Name  and  residence 
of  the  representative  will  be  registered  on  the  records.  The  regis- 
tered representative  is  empowered  to  represent  the  owner  of  the 
protection  in  suits  concerning  the  useful  model,  and  to  institute 
prosecutions.  The  place  where  the  representative  has  his  residence 
and,  in  want  therefore,  then  the  place  where  the  Patent  Office  has  its 
seat,  is,  in  accordance  with  section  23  of  the  law  of  regulations  in  civil 
suits,  to  be  regarded  as  the  place  where  the  object  is  to  be  found, 
viz,  where  the  suit  respecting  the  infringement  of  the  useful  model 
shall  be  instituted. 

SEC.  14.  The  provisions  concerning  the  rule  and  practice  of  the 
Patent  Office,  which  are  required  for  the  execution  of  this  law,  will  be 
made  by  imperial  enactment  with  the  consent  of  the  Federal  Council. 

SEC.  15.  This  law  comes  into  force  on  the  1st  October,  1891. 

Given  under  the  imperial  hand  and  seal  on  board  of  our  dispatch 
boat  Greif  the  1st  June,  1891. 

[L.  S.]    ' 

( Signed )  WILHELM. 

VON  BOETTICHER. 


[The   law  for  the   protection   of   trade-marks.] 

We,  William,  by  the  grace  of  God,  German  Emperor,  King  of 
Prussia,  etc.,  enact  in  the  name  of  the  Empire,  with  the  advice  and 
consent  of  the  Federal  Council  (Bundesrat)  and  of  the  Parliament 
(Eeichstag),  as  follows: 

SECTION  1.  Whoever  in  the  course  of  his  business  wishes  to  make 
use  of  a  trade-mark  for  the  distinction  of  his  goods  from  the  goods 


186  GERMANY. 

of  another,  may  apply  for  the  registration  in  the  register  of  trade- 
marks. 

SEC.  2.  The  register  of  trade-marks  is  to  be  kept  at  the  Patent 
Office.  The  application  for  a  trade-mark  is  to  be  made  at  the  Patent 
Office  in  writing.  There  must  be  annexed  to  each  application  the 
designation  of  the  business  in  which  the  mark  is  to  be  employed,  a 
list  of  the  goods  for  which  it  is  intended,  as  well  as  a  clear  representa- 
tion, and  in  so  far  as  is  necessary,  a  description  of  the  mark.  The 
Patent  Office  is  to  issue  regulations  with  regard  to  the  other  require- 
ments for  the  application.  For  every  mark,  on  application,  a  fee  of 
30  marks  is  to  be  paid,  and  on  every  renewal  of  the  application  a  fee 
of  10  marks.  If  the  first  application  is  not  prosecuted  up  to  registra- 
tion, then,  of  the  fee,  20  marks  are  to  be  refunded. 

SEC.  3.  The  register  of  trade-marks  shall  contain  : 

(1)  The  exact  time  of  the  arrival  of  the  application. 

(2)  The  deposits  annexed  to  the  application  according  to  section 
2,  paragraph  1. 

(3)  The  name  and  place  of  abode  of  the  proprietor  of  the  mark 
and  of  his  representative,  if  any,  as  well  as  changes  in  the  person, 
name,  or  place  of  abode  of  the  proprietor  or  of  the  representative. 

(4)  The  exact  time  of  a  renewal  of  the  application. 

(5)  The  exact  time  of  the  cancellation  of  the  mark. 

The  inspection  of  the  register  of  trade-marks  is  to  be  free  to 
everybody.  Every  registration  and  every  cancellation  of  a  mark,  is 
to  be  officially  published.  The  Patent  Office  is  to  publish  at  regular 
intervals  summaries  of  the  marks  registered  and  canceled  in  the 
meantime. 

SEC.  4.  Kegistration  in  the  register  is  to  be  refused  in  the  case  of 
marks  common  to  the  trade,  as  well  as  in  the  case  of  trade-marks — 

(1)  Which  exclusively  consist  in  figures,  letters,  or  in  such  words 
as  contain  information  with  regard  to  kind,  time  and  place  of  manu- 
facture, with  regard  to  the  quality,  with  regard  to  destination,  with 
regard  to  price,  quantity,  or  weight  of  the  goods ; 

(2)  Which  contain  home  or  foreign  State  coat  of  arms,  or  arms  of 
a  town  of  this  country  (Germany),  or  a  parish  or  some  community 
of  this  country  (Germany)  ; 

(3)  Which  contain  representations  exciting  annoyance  or  such  in- 
formation as  evidently  does  not  correspond  with  the  actual  facts  and 
causes  the  danger  of  deception. 

Marks  which  have  become  void  may  not  be  registered  anew  for  the 
goods  for  which  they  were  registered,  or  for  similar  goods,  on  behalf 
of  some  one  other  than  the  last  proprietor,  until  after  the  expiration 
of  two  years  from  the  date  of  cancellation. 

SEC.  5.  If  the  Patent  Office  is  of  the  opinion  that  a  trade-mark,  the 
subject  of  an  application,  corresponds  to  another  mark,  for  the 


GERMANY.  187 

same  or  for  similar  goods,  previously  applied  for  under  the  law  re- 
lating to  the  protection  of  marks  of  November  30,  1874  (Reichsge- 
setzblatt,  p.  143) ,  or  under  the  present  law,  the  Patent  Office  is  to  com- 
municate this  information  to  the  proprietor  of  this  mark.  If  the 
same  does  not  lodge  an  objection,  within  one  month  after  the  notice, 
against  the  registration  of  the  newly  applied  for  mark,  the  mark  is 
to  be  registered.  In  the  other  case,  the  patent  office  is  to  come  to  a 
decision  as  to  whether  the  marks  are  similar. 

If  this  communication,  provided  for  in  the  above  paragraph,  is  not 
made,  there  is  no  ground  for  a  claim. 

SEC.  6.  If  the  similarity  of  the  marks  is  negatived  by  the  decision 
(sec.  5,  par.  1),  the  newly  applied  for  mark  is  to  be  registered.  If 
the  similarity  of  the  marks  is  established  by  the  decision,  the  regis- 
tration is  to  be  refused.  If  the  applicant  wishes  to  plead  that  he 
has  a  claim  to  the  registration  in  spite  of  the  similarity  established 
by  the  decision  of  the  patent  office,  he  must  cause  this  claim  to  be 
recognized  by  means  of  an  action  against  the  opponent.  The  regis- 
tration in  virtue  of  a  decision,  issued  in  his  favor,  is  to  be  effected 
at  the  exact  time  of  the  original  application. 

SEC.  7.  The  right  based  upon  the  application  or  registration  of  a 
trade-mark  passes  over  to  the  heirs  and  may  be  transmitted  to  an- 
other by  a  contract  or  by  testament.  The  right  can,  however,  pass 
over  to  another  only  with  the  good  will  of  the  business  to  which  the 
trade-mark  belongs.  The  transmission  is  on  the  request  of  the  legal 
successor  to  be  recorded  in  the  register  of  trade-marks,  if  the  consent 
of  the  authorized  person  is  to  be  produced  with  clear  proof.  If  the 
authorized  person  is  dead,  the  proof  of  the  legal  succession  is  to  be 
produced.  As  long  as  the  transmission  is  not  recorded  in  the  register 
of  trade-marks,  the  legal  successor  can  not  make  good  his  right  from 
the  registration  of  the  trade-mark.  Resolutions  and  decisions  of  the 
patent  office,  which  require  to  be  forwarded  in  official  form  to  the 
proprietor  of  the  mark,  are  always  to  be  addressed  to  the  registered 
proprietor.  If  it  happens  that  the  same  is  dead,  the  Patent  Office 
may  in  their  opinion,  consider  the  notification  as  effected,  or,  to 
fulfill  the  object  of  the  notification,  bring  it  before  the  heirs. 

SEC.  8.  On  the  request  of  the  proprietor,  the  mark  is,  at  any  time, 
to  be  cancelled  in  the  register.  The  cancellation  is  to  take  place 
officially : 

(1)  If,  since  the  application  of  the  mark,  or  since  its  renewal,  10 
years  have  expired. 

(2)  If  the  registration  of  the  mark  should  have  been  refused. 

If  cancellation,  without  the  request  of  the  proprietor,  is  to  take 
place,  the  patent  office  is  previously  to  advise  the  proprietor.  If  he 
does  not  oppose  this  decision  within  one  month  after  the  notice, 
the  cancellation  is  to  take  place.  If  he  opposes,  the  Patent  Office  is 


188  GERMANY. 

to  form  a  decision.  If  the  cancellation  is  to  result  in  consequence 
of  the  expiration  of  the  term  of  ten  years,  this  is  to  be  disregarded,  if 
the  proprietor  of  the  mark,  before  the  expiration  of  one  month  after 
the  notice,  by  the  payment  of  a  fee  of  10  marks,  in  addition  to  the 
renewal  fee,  regains  the  renewal  of  the  application.  The  renewal 
then  holds  good  as  if  made  on  the  day  of  the  expiration  of  the  former 
term. 

SEC.  9.  A  third  party  ma}^  propose  the  cancellation  of  a  trade- 
mark— 

(1)  If  the  mark  is  registered  for  him,  by  reason  of  an  earlier 
application,  for  the  same,  or  for  similar  goods,  in  the  register  of 
trade-marks,  or  in  the  registers  for  marks  kept  according  to  the  law 
of  30th  November,  1874,  relating  to  the  protection  of  marks. 

(2)  If  the  business,  to  which  the  trade-mark  belongs,  is  no  longer 
continued  by  the  registered  proprietor. 

(3)  If  circumstances  exist,  from  which  it  becomes  evident,  that 
the  contents  of  the  mark  do  not  correspond  with  the  actual  facts, 
and  give  ground  for  danger  of  deception. 

If  a  trade-mark  excluded  from  registration  by  the  law  relating  to 
the  protection  of  marks  of  30th  November,  1874,  has,  before  the 
enactment  of  the  present  law,  a  value  within  interested  commercial 
circles,  as  a  distinguishing  mark  of  the  goods  of  a  particular  busi- 
ness, the  proprietor  of  the  latter,  in  case  the  mark  is  registered 
according  to  the  present  law  on  behalf  of  another  in  the  register  of 
trade-marks,  may,  up  to  1  October,  1895,  demand  the  cancellation  of. 
the  mark.  If  the  demand  is  granted,  the  mark  may,  before  the 
expiration  of  the  term  determined  in  section  4,  paragraph  2,  be 
registered  in  the  register  of  trade-marks,  on  behalf  of  the  person 
making  the  demand. 

The  demand  for  cancellation  is  to  be  made  good  by  means  of  an 
action,  and  is  to  be  directed  against  the  registered  proprietor,  or,  if 
the  latter  is  dead,  against  his  heirs. 

If,  before  or  after  the  institution  of  the  action,  a  transmission  of 
the  trade-mark  to  another  has  taken  place,  the  decision  with  regard 
to  the  matter  is  also  operative  and  executory  against  the  legal  suc- 
cessor. With  regard  to  the  rights  of  the  legal  successor  to  enter  into 
the  action,  the  provisions  of  sections  63  to  66  and  73  of  the  regula- 
tions in  civil  suits  are  to  find  corresponding  application. 

In  cases  of  paragraph  1,  No.  2,  the  demand  for  cancellation  may 
be  lodged  first  of  all  at  the  Patent  Office.  The  Patent  Office  is  to  give, 
to  the  person  registered  as  proprietor  of  the  trade-mark,  notice  of  the 
same.  If  the  same  does  not  oppose  within  one  month  of  the  notifi- 
cation, the  cancellation  is  to  take  place.  If  he  opposes,  it  is  to  be 
left  to  the  person  making  the  demand,  to  prosecute  the  demand  for 
cancellation  by  means  of  an  action. 


GERMANY.  189 

SEC.  10.  Applications  of  trade-marks,  applications  for  trans- 
missions and  oppositions  against  the  cancellation  of  the  same,  are  to 
be  settled  in  the  procedure  usual  for  patent  matters,  by  preliminary 
notice  in  official  form  and  decision.  In  cases  of  section  5,  paragraph 
1,  a  preliminary  notice  in  official  form  will  not  be  forwarded. 

A  person  making  an  application,  may,  against  a  decision  by  which 
his  application  is  rejected,  and  the  proprietor  of  a  trade-mark  may, 
against  a  decision  by  which  in  spite  of  opposition  the  cancellation  is 
ordered,  within  one  month  after  the  notification  lodge  an  appeal  at 
the  patent  office. 

Notifications  in  official  form  which  relate  to  the  registration,  trans- 
mission, or  cancellation  of  a  trade-mark  are  to  take  place  by  means 
of  registered  letter.  If  a  notification  can  not  take  place  in  this 
country  (Germany)  it  is  to  be  effected  by  posting  according  to  sec- 
tions 161,  175  of  the  regulations  in  civil  suits.1 

SEC.  11.  The  Patent  Office,  on  the  request  of  the  courts,  is  obliged 
to  give  opinions  with  regard  to  questions  which  relate  to  trade- 
marks, if,  in  the  judicial  procedure,  there  are  submitted  by  several 
experts,  opinions  varying  one  from  another. 

SEC.  12.  The  registration  of  trade-mark  has  the  effect,  that  to  the 
registered  party  exclusively  belongs  the  right  to  provide  the  goods 
of  the  kind  notified,  or  their  packing-cases,  or  covers,  with  the  trade- 
mark, to  place  the  goods  so  marked  on  the  market,  as  well  as  to  apply 
the  mark  on  announcements,  price  lists,  business  letters,  notices, 
bills,  or  the  like. 

In  the  case  of  cancellation,  rights  on  account  of  registration  can 
no  longer  be  made  good  for  the  time  in  which  there  formerly  already 
existed  a  legal  ground  for  the  cancellation. 

SEC.  13.  By  the  registration  of  a  trade-mark,  no  one  is  to  be  pre- 
vented from  applying  his  name,  his  signature,  his  address,  as  well 
as  information  about  kind,  time,  and  place  of  manufacture,  about 
the  quality,  about  the  destination,  about  the  price,  quantity,  or  weight 
of  goods,  whether  it  be  in  abbreviated  form,  on  goods,  on  their  pack- 
ing cases,  or  covers,  and  from  employing  the  like  information  in 
commercial  intercourse. 

SEC.  14.  Whoever  wittingly  or  through  culpable  negligence  pro- 
vides goods,  or  their  packing  cases,  or  covers,  or  announcements, 
price  lists,  business  letters,  notices,  bills,  or  the  like,  with  the  name 
or  the  signature  of  another,  or  with  a  trade-mark  protected  according 
to  the  tenor  of  this  law,  or  brings  into  commerce,  or  holds  for  sale, 
such  illegally  marked  goods,  is  liable  for  damages  to  the  injured 
party. 

1  Now  civil  law  in  the  setting  of  the  notification  of  May  20,  1898  (ReichsgesetzUatt, 
p.  410),  sections  66  to  69  and  73. 


190  GERMANY. 

If  he  committed  the  act  wittingly,  he  is  besides  to  be  fined  with  a 
fine  of  from  150  to  5,000  marks,  or  to  be  imprisoned  for  a  period  not 
exceeding  six  months.  The  prosecution  is  to  be  initiated  only  on 
petition.  The  withdrawal  of  the  petition  is  admissible. 

SEC.  15.  Whoever,  for  the  purpose  of  deception  in  trade  or  com- 
merce, supplies  goods  or  their  packing  cases,  or  covers,  or  announce- 
ments, price  lists,  business  letters,  notices,  bills,  or  the  like,  with  a 
get-up  which,  within  interested  commercial  circles,  passes  for  dis- 
tinguishing marks  of  similar  goods  of  another,  without  his  consent, 
or  whoever  for  the  same  purpose  brings  into  commerce,  or  holds  such 
goods  for  sale,  is  liable  for  damages  to  the  injured  party  and  is  to 
be  fined  with  a  fine  of  from  100  to  3,000  marks,  or  to  be  imprisoned 
for  a  period  not  exceeding  three  months.  The  prosecution  is  tt>  be 
initiated  only  on  petition.  The  withdrawal  of  the  petition  is 
admissible. 

SEC.  16.  Whoever  deceitfully  provides  goods,  or  their  packing 
case,  or  cover,  or  announcements,  price  lists,  business  letters,  notices, 
bills,  or  the  like,  with  a  State  coat  of  arms,  or  with  the  name  or 
arms  of  a  place,  of  a  parish,  or  some  community,  for  the  purpose  of 
causing  an  erroneous  idea  as  to  the  quality  and  value  of  the  goods, 
or  who  for  the  same  purpose  brings  such  marked  goods  into  com- 
merce or  holds  such  for  sale  is  to  be  punished  by  a  fine  of  from  150 
to  5,000  marks,  or  by  imprisonment  not  exceeding  six  months. 

The  use  of  names,  which  according  to  trade  custom,  serves  for  the 
designation  of  certain  goods,  without  being  intended  to  define  their 
origin,  does  not  fall  under  this  provision. 

SEC.  17.  Foreign  goods,  which  are  illegally  provided  with  a  Ger- 
man signature  and  designation  as  to  place,  or  with  a  trade-mark 
registered  in  the  register  of  trade-marks,  are  liable  on  their  entry  into 
Germany,  for  importation  or  transit,  on  the  petition  of  the  injured 
party  on  security  to  seizure  and  confiscation.  The  seizure  is  to  take 
place  by  the  customs  and  revenue  authorities,  the  appointment  of  the 
confiscation  by  the  sentence  of  the  board  of  management  (sec.  459  of 
the  regulations  in  penal  suits). 

SEC.  18.  Besides  the  punishment  a  penalty  not  exceeding  10,00 
marks  (£500),  and  payable  to  the  injured  party,  may,  on  the  latter's 
application,  be  fixed,  in  place  of  all  compensation  arising  out  of  this 
law.  For  this  penalty  the  condemned  parties  are  responsible  as  joint 
debtors.  A  penalty  thus  fixed  excludes  the  validity  of  all  further 
claim  to  compensation. 

SEC.  19.  If  a  sentence  by  reason  of  sections  14  to  16  and  18,  takes 
place,  then,  referring  to  the  objects  in  possession  of  the  sentenced 
party,  the  removal  of  the  illegal  marks  or  other  characteristic  fea- 
tures is  to  be  pronounced  by  the  judge,  or  if  the  removal  is  not  pos- 
sible in  any  other  manner,  the  destruction  of  the  objects  provided 
with  them  is  to  be  pronounced  by  the  judge. 


GERMANY.  191 

If  the  sentence  takes  place  in  the  criminal  procedure,  authority  is 
in  the  cases  of  sections  14  and  15  to  be  awarded  to  the  injured  party, 
to  publish  the  sentence  at  the  expense  of  the  condemned  party.  The 
mode  of  publication  as  well  as  the  term  of  the  same,  is  to  be  stated  in 
the  judgment. 

SEC.  20.  The  application  of  the  provisions  of  this  law,  is  not  ex- 
cluded by  variations  with  which  foreign  names,  signatures,  marks, 
coats  of  arms,  and  other  distinguishing  marks  of  goods  are  repro- 
duced, if  in  spite  of  these  variations,  there  is  a  danger  of  confusion  in 
trade. 

SEC.  21.  In  civil  suits  in  which  by  plaint  or  counterplea  a  claim  is 
made  founded  On  the  provisions  of  this  law,  the  action  and  decision 
for  final  judgment  shall  be  carried  to  the  imperial  court  in  accord- 
ance with  section  8  of  the  preamble  to  the  law  of  legal  constitution. 

SEC.  22.  If  German  goods  abroad,  on  their  importation  or  transit, 
are  subject  to  bearing  a  mark  which  shows  their  German  origin,  or  if, 
in  the  customs,  the  same,  with  reference  to  the  trade  marking  of  the 
goods,  are  treated  less  favorably  than  the  goods  of  other  countries, 
the  Bundesrat  is  empowered  to  raise  a  corresponding  tax  on  the  for- 
eign goods  on  their  entry  into  Germany  on  importation  or  transit, 
and  to  arrange  that  in  the  case  of  contravention  the  seizure  and  con- 
fiscation of  the  goods  is  to  follow.  The  seizure  is  to  take  place  by  the 
customs  and  revenue  authorities,  the  appointment  of  the  confiscation 
by  the  sentence  of  the  board  of  management  (sec.  459  of  the  regu- 
lations in  penal  suits). 

SEC.  23.  Whoever  has  no  residence  or  establishment  in  this  country 
(Germany)  has  a  claim  to  the  protection  of  this  law.  only  when  in 
the  State  in  which,  he  has  his  residence  or  establishment,  according  to 
a  publication  contained  in  the  Imperial  Law  Gazette.  German  trade 
markings  are  admitted  to  legal  protection  to  the  same  extent  as  home 
trade  markings. 

The  claim  on  the  protection  of  a  trade-mark,  and  the  rights 
founded  upon  the  registration,  can  only  be  put  forward  through  an 
appointed  representative  dwelling  in  this  country.  The  latter  is 
authorized  to  act  as  the  representative  in  the  procedure  taking  place 
in  the  patent  office  according  to  this  law,  as  well  as  in  the  civil  actions 
relating  to  the  mark,  and  is  authorized  to  prosecute.  In  the  case  of 
actions  against  the  registered  proprietor  of  the  trade-mark,  only  that 
court  is  competent,  in  whose  district  the  representative  has  his  resi- 
dence, otherwise,  that  court  in  whose  district  the  patent  office  is 
situated. 

Whoever  brings  a  foreign  trade-mark  for  application,  must  pro- 
vide with  it  the  proof  that  in  the  country  in  which  he  has  his  resi- 
dence, he  has  applied  for  and  obtained  the  protection  of  this  mark. 

93169—19 13 


192  GERMANY. 

The  registration,  if  State  treaties  do  not  determine  otherwise,  is  only 
admissible,  if  the  mark  corresponds  to  the  demands  of  this  law. 

SEC.  24.  With  regard  to  the  trade-marks  registered  in  the  register 
of  trade-marks,  in  conformity  with  the  law  relating  to  the  protec- 
tion of  marks  of  30  November,  1874,  the  statements  of^that  law 
are  to  find  still  further  application  until  1  October,  1898.  Marks 
can  at  any  time  before  1  October,  1898,  form  the  subject  of  registra- 
tion applications  and  then  come  under  its  provisions.  Registration 
may  not  be  refused  with  regard  to  those  marks,  which  have  been 
registered  in  the  registers  of  marks  under  an  older  protection  af- 
forded by  the  law  of  the  land.  Registration  takes  place  gratuitously 
and  under  the  exact  time  of  the  first  application.  With  regard  to  the 
contents  of  the  first  registration,  a  certificate  of  the  hitherto  existing 
board  of  registers  is  to  be  produced. 

On  the  registration  in  the  register  of  trade-marks,  or  if  such  a 
registration  has  not  taken  place,  on  the  1  October,  1898,  the  pro- 
tection granted  to  the  trade-marks  up  to  that  time  expires. 

SEC.  25.  The  necessary  provisions  with  regard  to  forms  of  pro- 
cedure and  the  routine  of  business  of  the  patent  office,  for  the  carry- 
ing out  of  this  law,  as  well  as  with  regard  to  the  procedure  before  the 
same  are  to  be  made  by  imperial  statute  with  the  consent  of  Federal 
council. 

SEC.  26.  This  law  is  to  come  into  force  on  the  1  October,  1894. 

From  the  same  time  onward,  applications  of  trade-marks  are  no 
longer  to  be  received  under  the  law  relating  to  the  protection  of 
marks  of  30  November,  1874. 

Given  under  our  imperial  hand,  signature,  and  seal,  at  Neues  Palais, 
12  May,  1894. 

[L.  s.] 

WlLHELM. 

VON  BOETTICHER. 


GERMANY— WAR  LEGISLATION. 

GERMANY. 

PATENTS — APPLICATIONS — TAXES — WORKING — DECREE  EFFECTIVE 

AUGUST  1,  1914. 

[Translation.] 

Provisions  for  the  prevention  of  subjecting  applicants  for  and 
owners  of  protection  rights  to  hardship  during  the  time  of  state  of 
war. 


GERMANY.  193 

(a)  Notification: 

The  terms  stipulated  on  the  part  of  the  Imperial  Patent  Office  hav- 
ing reference  to  patent,  Gebrauchsmuster  and  trade-mark  matters 
are  extended  for  the  period  of  three  months. 

Berlin,  Aug.  4,  1914,  Imperial  Patent  Office. 

( Signed )  KOBOLSKI. 

(b)  Notification: 

The  terms  decreed  by  the  Patent  Office  having  reference  to  patent, 
Gebrauchsmuster  and  trade-mark  matters  are  extended  for  three 
months  in  accordance  with  the  preceding  notification. 

The  Patent  Office  expects  to  prevent  by  means  of  this  measure  that 
applicants  for  a  right,  being  unable  to  respond  to  an  office  action 
within  the  terms  stipulated  in  consequence  of  the  state  of  war,  suffer 
any  disadvantages  caused  by  a  non-responsive  action.  A  possible 
extension  of  the  term  remains  under  reservation. 

However,  the  terms  provided  for  in  the  laws  (term  for  appeal,  pay- 
ments, etc. )  for  the  modification  of  which  the  Patent  Office  has  no  au- 
thorization, are  not  affected  by  this  decree.  The  Patent  Office,  in  par- 
ticular, may  comply  with  requests  for  the  extension  of  the  payments 
of  taxes  only  when  the  payment  of  the  first  and  second  annual  tax  is 
concerned,  since  the  patent  law  makes  provision  only  for  a  delay  in 
the  payment  of  these  taxes.  Consequently,  the  obligation  of  observ- 
ing the  legally  prescribed  term  remains  in  force,  i.  e.,  the  payment 
of  taxes  due.  If,  however,  it  be  impossible  to  observe  in  a  particular 
case  the  legal  terms  in  view  of  the  state  of  war,  it  is  intended  to  coun- 
teract, as  much  as  possible,  by  way  of  the  corresponding  application 
of  the  provisions  of  the  civil  code  relating  to  reinstatement  to  former 
status,  any  damages  that  may  result.  It  is  decreed  in  section  233^f 
of  the  civil  code  that  to  parties,  having  been  prevented  through  natu- 
ral causes  or  through  other  unavoidable  occurrences  from  observing 
a  compulsory  term,  reinstatement  to  former  status  be  granted  after 
the  removal  of  the  preventative  cause  and  upon  motion  made. 

(From  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  Aug.  26, 
1914.) 

PATENTS — GEBRAUCHSMUSTER — TRADE-MARKS — TEMPORARY  RELIEF — 
DECREE  EFFECTIVE  SEPTEMBER  10, 1914. 

[Translation.] 

[Notice  regarding  the  temporary  relief  provided  in  matters  pertaining  to  patent,  Ge- 
brauchsmuster, and  trade-mark  rights  of  September,  1914  (Reiohsgesetzblatt,  No.  74, 
1914).] 

On'  the  ground  of  section  3  of  the  decree  relating  to  the  authoriza- 
tion of  the  Council  of  State  to  take  political  measures,  etc.,  dated 


194  GERMANY. 

August  4,  1914  (Reichsgesetzblatt,  p.  327),  the  Council  of  State  has 
decreed  the  following  rules : 

SECTION  1.  The  Patent  Office  may,  until  further  notice,  grant  upon 
motion  to  a  patent  owner  having  been  prevented  in  consequence  of 
the  war  from  paying  the  annual  tax  due  in  accordance  with  section  8, 
paragraph  2,  of  the  law  for  patents  of  April  7,  1891  (Reichsgesetz- 
blatt,  p.  79),  an  extension  of  a  term  not  exceeding  nine  months  from 
the  commencement  of  the  current  patent  year  and  release  the  patentee 
from  the  payment  of  an  additional  fee  (sec.  8,  par.  3#).  The  de- 
cision of  the  Patent  Office  shall  be  final. 

An  extension  for  the  payment  of  taxes  for  patents  not  having 
lapsed  by  July  31,  1914,  is  also  allowable  even  in  a  case  where  a 
motion  for  an  extension  has  been  made  after  the  expiry  of  the  legal 
terms  for  payments  (sec.  8,  par.  3&). 

SEC.  2.  Whoever  has  been  prevented  through  the  state  of  war  from 
observing  a  term  of  the  Patent  Office,  the  failure  of  which  would  re- 
sult, in  accordance  with  the  legal  provisions,  in  a  legal  prejudice, 
shall,  on  motion,  be  reinstated  to  the  former  standing.  The  petition 
for  reinstatement  must  be  made  within  a  term  of  two  months;  in 
other  respects  the  provisions  of  sections  233yf  of  the  civil  code  are 
applicable  correspondingly. 

SEC.  3.  The  provisions  of  sections  1  and  2  shall  be  applied  on  be- 
half of  subjects  of  foreign  countries  only  if  similar  relief  has  been 
granted  in  these  countries  to  subjects  of  the  German  Empire  accord- 
ing to  a  notice  to  be  published  in  the  Reiehsgeseizblait. 

SEC.  4.  This  decree  takes  effect  on  the  day  of  its  publication. 

Berlin,  September  10,  1914. 

( Signed )  DELBRUCK, 

The  Representative  of  the  Imperial  Chancellor. 

(From  Reichsgesetzblatt,  Sept,  4,  1914.) 

GERMANY — BELGIUM — LUXEMBURG. 

INDUSTRIAL  PROPERTY — TAXES — DENIAL  OF  RESPONSIBILITY  FOR  IN- 
FORMATION PUBLISHED  IN  SEPTEMBER  REVIEW. 

KAISERLICHES  DEUTSCHES  GENERALKONSULAT 

(IMPERIAL  GERMAN   CONSULATE  GENERAL), 

11  Broadway,  New  York,  October  5, 1914- 
EDITOR  PATENT  AND  TRADE-MARK  REVIEW, 

Woolworth  Building,  New  York  City. 

SIR  :  My  attention  has  been  called  to  the  following  statements  pub- 
lished in  the  last  issue  of  your  paper : 


GEKMANY.  195 

i 

Belgium. — Having  occasion  to  make  inquiry  of  the  German  Con- 
sul General  in  New  York  concerning  Luxemburg,  which  see,  the 
official  in  charge  took  occasion  to  state  that  Germany  has  taken  over 
Belgium  and  that  any  payment  due  to  the  Government  in  Belgium 
should  be  made  to  the  German  officials  in  control. 

Luxemburg.- — Upon  inquiry  at  the  German  Consulate  in  New  York, 
we  are  informed  that  the  Grand  Duchy  of  Luxemburg  has  been  ab- 
sorbed by  Germany  and  that  any  payment  due  to  the  Grand  Duchy 
may  and  should  be  made  at  Berlin. 

I  beg  to  advise  you  that  the  above  statements  have  not  been  given 
out  by  anyone,  authorized  to  speak  on  behalf  of  the  Consulate  Gen- 
eral. Please  publish  in  your  next  issue  that  the  German  Consulate 
General  is  not  responsible  for  the  misleading  statement  with  regard 
to  the  status  of  Belgium  and  Luxemburg  respectively  and  the  pay- 
ment of  dues. 

Respectfully, 

(Signed)  DR.  FALCKE, 

Imperial  German  Consul  G-eneral. 


GERMANY. 

PATENTS — GEBRATJCHSMUSTER — TRADE-MARKS — TEMPORARY  RECIPRO- 
CAL RELIEF  OF  OCTOBER  21,  1914 — NOTICE  OF  OCTOBER  21,  1914. 

[Translation.] 

By  virtue  of  Article  3  of  the  decree  of  the  Federal  Council  of  Sep- 
tember 10,  1914  (for  text  of  the  decree  in  question  see  13  P.  &  T.  M. 
Rev.,  7),  relating  to  the  temporary  relief  in  matters  pertaining  to 
patent,  Gebrauchsmuster,  and  trade-mark  rights  (Reichsgesetzblatt, 
p.  403),  notice  is  hereby  given  that  in  Denmark,  Italy,  Norway,  Swit- 
zerland, Spain,  and  the  United  States  of  America,  similar  relief  is 
granted  to  subjects  of  the  German  Empire. 

Berlin,  October  21,  1914. 

(Signed)  DELBRUCK, 

The  Representative  of  the  German  Chancellor. 


PATENTS — AMERICAN  HOLDERS — WAR  MEASURES — NOTE  VERBALE  OF 
IMPERIAL  FOREIGN  OFFICE. 

[Translation.] 

In  211  Official  Gazette,  287,  is  published  the  translation  of  the  note 
verb  ale  of  the  Imperial  German  Foreign  Office  in  reply  to  inquiries 


196  GERMANY. 

regarding  the  standing  of  American  applicants  for  and  holders  of 
patents  in  Germany : 

[Inclosure  in  despatch  No.  349. — Translation.] 
No.  II  M  5095,  101040.] 

FOKEIGN    OFFICE. NOTE   VEKBALE. 

The  Foreign  Office  has  the  honor  to  make  the  following  reply  to  the  note 
verbale  of  the  Embassy  of  the  United  States  of  America,  dated  October  20,  1914, 
F.  O.  No.  851 : 

In  view  of  the  state  of  war  the  following  facilities  in  patent  matters  have 
been  introduced  in  Germany: 

The  time  limits  imposed  by  the  Imperial  Patent  Office  in  pending  matters  have 
been  extended  for  three  months  by  proclamation,  dated  August  4,  1914  (Blatt 
fur  Patent-,  Muster-  und  Zeichenwesen,  1914,  p.  251).  Applications  for  further 
extension  of  time  will  be  considered  favorably  in  the  future  also,  in  case  satis- 
factory reasons  are  submitted. 

Pursuant  to  section  1  of  the  proclamation  of  September  10,  1914,  relative  to 
temporary  facilities  in  patent  and  trade-mark  matters  (Reichsgesetzblatt,  p. 
403,  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  1914,  p.  290),  the  provisions 
of  which  are  applicable  in  favor  of  citizens  of  the  United  States  of  America, 
according  to  the  proclamation  of  the  Imperial  Chancellor,  dated  October  21,  1914 
(Reichsgesetzblatt,  p.  450,  Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  1914, 
p.  315),  the  Patent  Office  can  until  further  notice  permit  deferment  of  payment 
of  taxes  for  nine  months  at  the  most,  beginning  with  the  current  patent  year 
in  the  case  of  any  patent  holder  who  has  been  incapacitated  in  consequence  of 
the  war  from  paying  the  annual  tax,  under  section  8,  paragraph  2  of  the  patent 
law  of  April  7,  1891,  provided  such  patent  holder  makes  application  for  exten- 
sion. The  Patent  Office  can  also  waive  the  additional  tax  provided  for  by  sec- 
tion 8,  paragraph  3  of  the  law  cited.  On  patents  which  had  not  expired  on  July 
31,  1914,  deferred  payment  is  likewise  permissible. 

Section  2  of  the  proclamation  of  September  10,  1914,  mentioned  above,  affords 
sufficient  protection  against  the  excusable  failure  to  observe  legal  time  limits  of 
all  kinds,  especially  those  relating  to  the  tiling  of  appeals  or  for  the  assertion  of 
priority  rights  under  the  Union.  This  paragraph  provides  that  such  cases  shall 
be  continued  in  case  application  to  this  end  is  made  within  the  period  of  two 
months,  after  the  ground  of  hindrance  has  been  removed,  and  the  formalities, 
compliance  with  which  has  been  omitted,  are  satisfied. 

Moreover,  compulsory  manufacture  ( sec.  11  of  the  German  patent  law  of  June 
6, 1911)  has  been  obviated  in  respect  of  citizens  of  the  United  States  of  America 
by  the  patent  agreement  between  the  German  Empire  and  the  United  States  of 
America,  dated  February  23,  1909  (Reichsgesetzblatt,  p.  895.) 

The  provisions  cited  above  would  appear  to  suffice  to  appropriately  protect 
the  fights  of  citizens  of  the  United  States  in  patent  matters,  and  to  make  ade- 
quate allowance  for  the  situation  created  by  the  war,  so  that  it  does  not  seem 
to  be  urgently  required  that  the  Imperial  Embassy  at  Washington  should  accept 
documents  or  funds  intended  for  the  Imperial  Patent  Office,  the  date  of  such 
acceptance  by  the  Embassy  to  be  considered  authoritatively  as  the  date  of  such 
action  required  by  law  to  be  completed  before  the  Patent  Office  at  Berlin.  It 
would  be  necessary  to  publish  a  law  or  a  war  ordinance  in  order  to  grant  the 
authority  mentioned,  with  the  effect  which  it  is  desired  should  attach  to  it. 


GERMANY.  197 

However,  in  order  to  comply  as  far  as  possible  with  the  wish  of  the  Govern- 
ment of  the  United  States  of  America,  the  Imperial  consulate  general  at  New 
York  and  the  Imperial  consulates  at  Atlanta,  Chicago,  Cincinnati,  Denver,  New 
Orleans,  Philadelphia,  San  Francisco,  Seattle,  St.  Louis,  and  St.  Paul  will  be 
instructed  to  accept  during  the  war  documents  and  moneys,  intended  for  the 
Imperial  Patent  Office,  submitted  by  citizens  of  the  United  States  of  America  for 
transmission ;  in  so  doing,  however,  they  must  point  out  to  applicants  that  only 
the  date  of  arrival  of  documents  or  moneys  at  the  Imperial  Patent  Office  shall  be 
considered  relevant  in  asserting  their  rights.  Of  course,  the  consulates  can  not 
assume  any  responsibility  that  what  they  send  is  correctly  received  by  the  Im- 
perial Patent  Office  in  due  time ;  they  will  therefore  advise  applicants  to  consider 
whether  they  should  not  avail  themselves  of  other  methods  of  transmission. 

Berlin,  December  14.  1914. 


INDUSTRIAL  PROPERTY — WAR  MEASURES — PATENT  OFFICE  PRACTICE. 

[Translation!.] 

[Interpretation  of  the  decree  of  the  Council  of  State,  Sept.  10,  1914,  relating  to  the 
temporary  relief  granted  in  matters  pertaining  to  patents,  Gebrauchsmuster,  and 
trade-marks  (for  translation  of  which  see  13  P.  &  T.  M.  Rev.,  6).] 

In  supplement  of  the  rules  contained  in  the  decree  published  in 
Blatt  fur  Patent-,  Muster-  und  Zeichenwesen,  October,  1914,  atten- 
tion is  called  to  the  following: 

1.  The  authority  granted  by  virtue  of  section  1  of  the  decree  to 
the  Patent  Office  has  been  often  interpreted  to  read  that  the  patent 
owners  also  may  claim  the  grace  even  wyhen  they  are  able  to  pay  the 
tax  due,  but  when  they  desire  to  delay  the  payment  thereof  for  the 
reason  that  they  entertain  doubts  whether  the  exploitation  of  the 
patent  in  question  would  be  worth  while  after  the  conclusion  of  the 
war,  and  if  in  view  of  this  fact  the  maintenance  of  the  patent  would 
be  expedient.     This  interpretation  is  erroneous.     A  grace  may  be 
granted  under  this  decree  only  to  those  patent  owners  who,  in  con- 
sequence of  the  war,  have  been  prevented  from  making  timely  tax 
payments. 

2.  The  Patent  Office  may,  in  accordance  with  sections  1  and  2  of 
the  decree,  decide  only  after  the  petitioner  has  communicated  to 
the  Patent  Office  the  actual  facts  upon  which  his  petition  is  based. 
Petitions,  merely  filed  as  a  precautionary  measure  without  proof, 
can  not  be  given  consideration.     This  applies  particularly  to  such 
petitions  as  are  filed  by  German  patent  attorneys  representing  for- 
eign patent  owners,  with  the  statement  that  the  reason  why  the 
timely  payment  was  not  made  is  not  known,  but  that,  perhaps,  the 
presumptions  of  sections  1  and  2  of  the  decree  prevailed : 

Therefore,  petitions  shall  be  filed  under  sections  1  and  2  of  the 
decree  only,  if  the  petitioner  is  in  a  position  to  establish  grounds 
therefor.  The  petitioners,  as  a  rule,  will  not  be  placed  at  a  disad- 
vantage thereby,  since  in  section  2  of  Article  2  of  the  decree  the  peti- 


198  GERMANY. 

tion  for  prolongation  may  be  made  until  the  expiry  of  the  longest 
possible  prolongation  (see  Blatt  fur  Patent-,  Muster-  und  Zeichen- 
wesen  No.  10,  p.  336),  and  in  the  case  where  a  reinstatement  to  the 
former  status  is  permissible,  the  two  months  term  for  filing  in 
accordance  with  section  2  of  Article  234  of  ZPO,  the  petition  com- 
mences to  run,  only  from  the  day  on  which  the  obstacle  occasioned 
by  the  state  of  war  has  been  removed.  A  "  precautionary  "  petition 
for  reinstatement  is  already  not  permissible  for  the  reason  that  the 
neglected  procedure  (for  instance  the  filing  of  an  appeal  or  the  pay- 
ment of  the  fee  for  the  appeal)  are  inseparable. 

3.  Besides  the  petitions  made  as  a  precautionary  measure  there 
are  frequently  filed  petitions  prematurely,  that  is  to  say,  before  a  tax 
falls  due  or  before  the  term  fixed  for  such  a  procedure  has  expired. 
In  so  far  as  petitions  for  prolongation  are  concerned,  it  is  impossible 
to  grant  the  same,  since  the  time  when  the  annual  tax,  the  payment 
for  which  it  is  sought  to  delay,  falls  due  is  decisive  in  respect  of  the 
grant  of  grace,  and  it  can  not  be  seen  readily  when  a  petition  is  pre- 
maturely filed,  whether  the  presuppositions  of  the  grant  of  a  grace 
are  still  present.     Neither  may  a  petition  for  reinstatement  to  the 
former  status  be  filed  prematurely,  inasmuch  as  it  presupposes  the 
neglect  of  the  action  in  question  and  renders  necessary  the  simul- 
taneous procedure  with  the  neglected  action. 

4.  Petitions  have  been  received  repeatedly,  in  which  the  grace  for 
the  payment  of  an  application  fee  or  a  fee  for  an  appeal  was  asked. 
Therefore,  it  is  once  more  pointed  out  that  Article  1  of  the  decree 
does  not  refer  to  these  fees  or  taxes. 

(From  Blatt  filr  Patent-,  Muster-  und  Zeichenwesen,  Dec.  30, 
1914,  p.  384.) 

NOTICE  OF  FEBRUARY  20,  1915. 

[Notice  of  Feb.i  20,  1915,  concerning  the  facilities  accorded  in  foreign  countries  in  matters 
of  patents,  models  of  utility,  and  trade-marks.] 

By  virtue  of  paragraph  3  of  the  ordinance  of  the  Federal  Council 
of  the  10th  of  December,  1914,  concerning  the  temporary  facilities 
accorded  in  the  domain  of  patents,  of  models  of  utility,  and  of  marks 
(Bulletin  of  Laws  of  the  Empire,  p.  403)  it  is  declared  by  the  present 
that  facilities  analogous  to  those  provided  by  the  said  ordinance  are 
accorded  to  the  citizens  of  the  Empire  of  Germany  in  Belgium,  in 
Austria,  in  Hungary,  and  in  Portugal,  and  for  the  moment  in  France. 


GERMANY.  199 

PATENTS — APPLICATIONS — GEBRAUCHSMUSTER — TEMPORARY   RELIEF — 
DECREE  or  MARCH  31,  1915. 

[Translation.] 

[Notification  relating  to   additional  relief  granted  in   matters   pertaining   to   patent  and 

Gebrauchsmuster   rights.] 

The  Federal  Council,  on  the  ground  of  Article  3  of  the  law  relating 
to  the  authorization  of  the  Federal  Council  to  take  political  measures, 
etc.,  dated  August  4,  1914  (notice  of  which  see  13  P.  &  T.  M.  Rev., 
233,  Ed.),  issued  the  following  decree: 

ARTICLE  1.  The  authorization  conferred  upon  the  Patent  Office  by 
virtue  of  Article  1  of  the  decree  of  September  10,  1914,  relating  to 
the  temporary  relief  in  respect  of  patent,  Gebrauchsmuster,  and 
trade-mark  rights,  to  grant  prolongation  of  term  for  the  payment 
of  taxes  is  extended  to  the  tax  provided  in  section  1  of  Article  8  of 
the  law  relating  to  the  protection  of  Gebrauchsmuster,  of  June  1, 
1891.  The  term  of  grace  commences  from  the  expiry  of  the  legal 
term  of  protection. 

ART.  2.  A  further  delay  may  be  granted  for  the  payment  of  those 
taxes  for  patents  and  Gebrauchsmuster,  the  term  of  payment  whereof 
was  prolonged,  upon  motion,  said  delay  being  effective  from  the 
expiry  of  the  term  of  payment,  if  the  annulment  has  not  as  yet  taken 
place.  .  The  Imperial  Chancellor  determines  when  the  taxes,  the  pay- 
ment of  which  was  indefinitely  extended  until  after  the  termination 
of  the  war,  shall  be  paid  at  the  latest. 

ART.  3.  The  President  of  the  Patent  Office  shall  decide  in  respect  of 
petitions  for  grace  or  exemption  from  taxes.  The  decision  of  the 
President  shall  be  final. 

ART.  4.  The  period  for  which  the  publication  of  a  patent  applica- 
tion may  be  suspended  (sec.  4  of  Art.  23  of  the  patent  law  of  Apr.  7, 
1891)  may  be  "prolonged  for  a  year. 

The  claim  of  the  applicant  for  a  patent  to  the  suspension  shall  be 
void  if  the  President  of  the  Patent  Office  holds  that  the  same  is  not  in 
conformity  with  the  public  interest.  The  President's  ruling  in  refer- 
ence thereto  is  final. 

ART.  5.  This  decree  becomes  operative  April  7,  1915. 

The  Imperial  Chancellor  decides  when  this  decree  and  the  decree  of 
September  10,  1914,  shall  become  inoperative. 

Berlin,  March  31,  1915. 

( Signed )  DELBRUCK, 

The  Representative  of  the  Chancellor. 

(From  Blatt  fur  Patents-,  Muster-  und  Zeichenwesen,  April  28, 
1915.) 


200  CEEMANY.       . 

NOTICE  OF  MARCH  31,  1915. 

[Notice  of  the  Bureau  of  Patents  concerning  the  extensions  granted  to  foreigners  for  the 
payment  of  annuities  upon  patents  (Mar.  31,  1915).] 

Certain  persons  have  expressed  the  opinion  that  in  applying  for 
an  extension  for  the  payment  of  annuities  on  patents  (notice  of 
Sept.  10,  1914,  concerning  the  temporary  facilities  in  the  domain 
of  patents,  of  models  of  utility  and  of  marks  (Bulletin  of  Laws  of 
the  Empire,  p.  403),  the  citizens  of  foreign  States  with  regard  to 
whom  the  existence  of  reciprocity  of  treatment  has  been  recognized 
in  the  application  of  paragraph  3  of  the  above-mentioned  notice  have 
the  right  to  be  treated  according  to  the  rules  applicable  in  their  coun- 
try of  origin  in  the  case  of  extension  accorded  for  the  payment  of 
taxes.  This  point  of  view  is  inexact.  It  results  on  the  contrary  from 
paragraph  3  of  the  above-mentioned  notice,  that  the  citizens  of  coun- 
tries in  question  -ought  simply  to  be  treated  as  German  patentees. 
Foreigners  who  demand  an  extension  for  the  payment  of  their  annui- 
ties ought  then  to  establish,  as  is  required  of  German  patentees,  that 
the  conditions  indicated  in  paragraph  1  of  the  above-mentioned  no- 
tice are  complied  with  in  that  which  concerns  them.  They  ought,  in 
particular,  to  justify  the  facts  that  because  of  the  war  they  have  been 
prevented  from  paying  the  annuity  in  default. 


PATENTS — APPLICATIONS — PRIORITY   UNDER  THE   CONVENTION — PRO- 
LONGATION or  TERM — ORDINANCE  EFFECTIVE  MAY  7,  1915. 

[Translation.] 

On  the  ground  of  section  3  of  the  law  of  August  4,  1914  (Reichs- 
gesetzblatt,  p.  327),  authorizing  the  Bundesrat  to  take  measures  of 
an  economic  nature,  the  Bundesrat  has  issued  the  following  ordi- 
nance : 

SECTION  1.  The  priority  time  limits,  provided  in  Article  4  of  the 
revised  Paris  Convention  for  the  protection  of  industrial  property,  of 
June  2, 1911  (Reichsgesetzllatt^  1913,  p.  209),  are  extended  to  the  ex- 
piration of  six  months  after  the  termination  of  the  state  of  war,  but 
at  the  latest  to  June  30, 1916,  provided  they  did  not  expire  previous  to 
July  31,  1914.  The  Imperial  Chancellor  shall  determine  the  date 
when  the  state  of  war  is  to  be  considered  as  terminated. 

These  provisions  shall  apply  in  favor  of  subjects  of  foreign  coun- 
tries when  and  to  the  same  extent  as  the  priority  time  limits  are  pro- 
longed in  such  countries  in  favor  of  German  subjects,  as  shall  be 
certified  by  proclamation  published  in  the  Reichsgesetzblatt. 


GERMANY.  201 

SEC.  2.  This  ordinance  shall  take  effect  the  day  of  its  promulgation. 
Berlin,  May  7,  1915. 

(Signed)  DELBRUCK, 

The  Imperial  Chancellor. 

(From  215,  Official  Gazette,  978,  translation  fvomReichsgesetzblatt, 
1915,  No.  56.) 

NOTICE  OF  MAY  7,  1915. 

[Patent  Office  notice  of  7th  May,  1915,  concerning  the  prolongation  of  terms  accorded  to 
applicants  domiciled  abroad.] 

The  terms  given  to  applicants  living  abroad  in  matters  relating  to 
patents,  utility  models,  and  trade-marks  have  been  prolonged  in 
accordance  with  the  competent  authorities  of  the  Patent  Bureau,  in  so 
far  as  they  have  not  been  otherwise  arranged  for  in  particular  cases, 
to  wit : 

1.  Three  months  for  applicants  living  in  Europe. 

2.  Four  months  for  applicants  living  in  the  United   States  of 
America. 

3.  Six  months  for  applicants  living  in  other  countries  outside  of 
Europe. 

Berlin,  7th  May,  1915. 

(Signed)  ROBOLSKI, 

President  of  the  Imperial  Patent  Bureau. 


FOREIGN  PATENTS,  TRADE-MARKS,  ETC. — RESTRICTION,  SUPPRESSION, 
AND  LICENSING  OF  AMERICAN-OWNED  PATENTS  IN  GERMANY. 

[Translation. — Deutscher  Reichscvnzeiger,  Jan.  5,  1918.] 

NOTICE   CONCERNING  FACILITIES  IN  THE   MATTER  OF  INDUSTRIAL  RIGHTS 
OF  PROTECTION  IN  THE  UNITED  STATES  OF  AMERICA. 

(Of  Jan.  3,  1918.) 

By  reason  of  section  3  of  the  ordinance  of  the  Federal  Council  con- 
cerning temporary  facilities  in  the  matter  of  patents,  utility  models 
(Gebrauchsmuster),  and  trade-marks  of  September  10,  1914  (Reichs- 
gesetzblatt,  p.  403;  208  O.  G.,  339),  notice  is  hereby  given  that  sub- 
jects of  the  German  Empire  are  granted  similar  facilities  in  the 
United  States  of  America. 
Berlin,  January  3, 1918. 

The  IMPERIAL  CHANCELLOR. 
DELBRUCK, 

Acting. 


202  GERMANY. 

NOTICE  CONCERNING  INDUSTRIAL  RIGHTS  OF  PROTECTION  OF  SUBJECTS  OF 
THE  UNITED  STATES  OF  AMERICA. 

(Of  Jan.  3,  1918.) 

By  way  of  retaliation  and  by  reason  of  paragraph  2,  section  7,  of 
the  ordinance  of  the  Federal  Council  concerning  industrial  rights  of 
protection  of  subjects  of  enemj7  States  of  July  1,  1915  (Reichsgesetz- 
~blatt,  p.  414;  La  Propriete  Industrielle,  1915,  p.  82),  it  is  hereby 
ordered  as  follows: 

ARTICLE  1.  The  provisions  of  sections  1,  3,  and  4  of  the  ordinance 
concerning  industrial  rights  of  protection  of  subjects  of  eneniy  States 
of  July  1,  1915,  are  hereby  declared  applicable  to  citizens  of  the 
United  States  of  America. 

ART.  2.  This  notice  shall  go  into  force  on  the  day  of  its  publication. 
Berlin,  January  3,  1918. 

The  IMPERIAL  CHANCELLOR. 
DELBRUCK, 

Acting. 

[Translation  from  La  Propriete  Industrielle  of  July  31,  1915,  p.  2.] 

ORDINANCE    CONCERNING    THE    RIGHTS    OF     SUBJECTS    OF    ENEMY    COUN- 
TRIES IN  THE  MATTER  OF  INDUSTRIAL  PROPERTY. 

(Of  July  1,  1915.) 

By  virtue  of  section  3  of  the  law  of  August  4, 1914,  authorizing  the 
Federal  Council  to  adopt  measures  of  an  economic  order,  etc. 
(Reichsgesetzblatt,  p.  327),  the  Federal  Council  ordains  as  follows: 

SECTION  1.  The  rights  in  the  matter  of  patents,  utility  models, 
and  trade-marks  owned  by  subjects  of  enemy  countries  may  be  re- 
stricted or  suppressed  for  the  public  interest  by  decision  of  the 
Imperial  Chancellor.  The  latter  may,  in  particular,  grant  to  third 
parties  the  right  to  work  and  use  the  same. 

The  decisions  referred  to  may  be  of  retroactive  effect.  They  may 
at  any  time  be  modified  and  revoked. 

.SEC.  2.  Applications  originating  with  subjects  of  enemy  countries 
shall  not  lead  to  the  issue  of  patents  nor  to  the  registration  of  utility 
models  or  of  trade-marks.  The  Patent  Office  may  also  suspend  the 
official  actions  incumbent  upon  it  under  the  terms  of  the  law  or  tem- 
porarily interrupt  pending  procedures  in  the  case  of  subjects  of 
enemy  countries.  The  President  of  the  Patent  Office  may  issue  orders 
in  this  respect. 

SEC.  3.  The  application  of  this  ordinance  shall  not  be  prevented 
by  reason  of  the  fact  that  the  interests  at  issue  may  have  been  assigned 
to  third  parties  since  July  31, 1914,  or  that  subjects  of  other  countries 


GERMANY.  203 

may  have  been  interposed  for  the  purpose  of  concealing  the  true  legal 
situation. 

SEC.  4.  With  subjects  of  enemy  countries  are  assimilated  the  sub- 
jects of  the  foreign  colonies  and  possessions  of  such  countries,  persons 
who  have  their  domicile  or  an  establishment  in  the  territory  of  such 
countries  or  of  their  colonies  and  foreign  possessions,  as  well  as 
corporate  bodies,  societies,  and  enterprises  which  have  their  head- 
quarters in  the  territories  mentioned,  or  which  are  conducted  or  super- 
intended from  such  territories,  or  the  profits  of  which  are  to  be  sent 
there  in  whole  or  in  part. 

SEC.  5.  The  following  countries  are  considered  enemy  countries  in 
the  meaning  of  this  ordinance :  England,  France,  and  Russia. 

SEC.  6.  The  effects  of  patents  owned  by  Russian  subjects  shall  be 
considered  to  have  terminated  on  March  11,  1915,  under  reservation 
of  exclusive  rights  to  work  and  use  the  inventions  which  may  have 
been  conferred  upon  subjects  of  other  than  enemy  countries.  Notice 
of  such  rights  shall  be  given  to  the  Patent  Office  and  published  in  the 
ReichsgesetzUatt.  Such  rights  shall  not  be  effective  unless  brought 
to  the  notice  of  the  Patent  Office  not  later  than  September  30,  1915. 
The  Empire  is  entitled  to  exact  the  compensation  agreed  upon  for 
the  assignment  of  the  right.  The  payments  shall  be  made  to  the 
funds  of  the  Patent  Office. 

The  effect  of  rights  conferred  upon  Russian  subjects  in  the  matter 
of  working  or  utilizing  patents  shall  be  considered  to  have  terminated 
from  and  after  May  11,  1915. 

Applications  for  patents  filed  after  March  11,  1915,  shall  not  give 
rise  to  any  right  in  favor  of  Russian  subjects. 

The  foregoing  provisions  (pars.  1  to  3)  are  applicable  by  analogy 
to  utility  models. 

SEC.  7.  The  Imperial  Chancellor  shall  issue  the  necessary  orders  for 
carrying  this  ordinance  into  effect.  He  may  transfer  to  some  other 
authority  the  powers  conferred  upon  him  by  section  1. 

The  Imperial  Chancellor  may,  by  way  of  retaliation,  declare  this 
ordinance  applicable,  in  whole  or  in  part,  to  the  subjects  of  other 
countries  than  those  specified  in  section  5. 

SEC.  8.  This  ordinance  shall  go  into  force  from  the  date  of  its 
publication  (published  July  2, 1915).  The  Imperial  Chancellor  shall 
decide  when  and  to  what  extent  it  shall  cease  to  be  effective. 

Berlin,  July  1,  1915. 

THE  IMPERIAL  CHANCELLOR, 
DELBRUCK,  Acting. 


204  GERMANY. 

PATENTS — AMERICAN  HOLDERS — TAXES — WAR  MEASURES — NOTE  VER- 
BALE  OF  AUGUST  31,  1915. 

[Translation.] 

123444.] 

In  supplement  to  its  note  verb  ale  of  December  14, 1914,1  No.  II  M. 
5095,  the  Foreign  Office  has  the  honor  to  communicate  the  following 
information  to  the  Embassy  of  the  United  States  of  America : 

By  virtue  of  the  Bundesrat  decrees  of  September  10.  1914  (Reichs- 
gesetzblatt,  p.  403),  and  of  March  31,  1915  (Reichsgesetzblatt^  p. 
212),  the  President  of  the  Imperial  Patent  Office  is  in  a  position  to 
permit  deferment  of  payment  in  the  cases  provided,  upon  applica- 
tion therefor,  of  the  annaul  dues  chargeable  according  to  section 
8,  paragraph  2,  of  the  patent  law  for  not  more  than  nine  months 
after  the  beginning  of  the  current  patent  year,  and  to  waive  the 
additional  charge  (ibid.,  sec.  8,  par.  3).  He  may  permit  further  de- 
ferment of  payment  of  dues  already  in  abeyance  to  date  from  the 
period  of  the  first  deferment.  As  long  as  these  decrees  are  in  force, 
the  president  will  make  use  of  this  authority  in  favor  of  citizens  of 
the  United  States  of  America  upon  their  application,  unless  par- 
ticularly important  reasons  stand  in  the  way  of  so  doing  in  indi- 
vidual cases. 

The  Imperial  Consulate  General  at  New  York  and  the  Imperial  con- 
sulates at  Atlanta,  Chicago,  Cincinnati,  Denver,  New  Orleans,  Phila- 
delphia, San  Francisco,  Seattle,  St.  Louis,  and  St.  Paul  will  be  in- 
formed in  the  above  sense  and  instructed  at  the  same  time,  when 
accepting  payments  of  patent  dues  to  take  the  application  for  de- 
ferred payment  in  all  cases  where  it  may  be  made. 

Berlin,  August  31, 1915. 

To  the  American  Embassy,  Berlin. 

(From  219  Official  Gazette,  932.) 


[Notice  of  Oct.  10,  1915,  from  Royal  Prussian  Minister  of  War.] 

It  is  in  the  interests  of  the  country  to  prevent  any  inventions  made 
in  the  Empire  which  are  of  importance  from  a  military  standpoint, 
or  for  satisfying  the  elementary  economic  needs  of  our  people, 
from  reaching  the  knowledge  of  our  enemies.  For  these  reasons  we 
instantly  command  those  interested  not  to  give  information  of  this 
kind  to  foreign  countries,  enemies  or  neutrals,  or  those  connected 
with  them,  by  filing  a  patent  application  or  by  communicating 
with  them  in  any  manner  whatsoever.  If  those  interested  have 
already  obtained  protection  for  these  inventions  in  foreign  coun- 

1  See  13,  P.   &  T.  M.  Rev.,   144. 


GERMANY.  205 

tries  they  must  necessarily  abstain  from  exploiting  them,  and  pre- 
vent, so  far  as  is  possible,  that  exploitation  is  not  effected  by  third 
persons.  In  the  case  where  doubts  exist  on  the  question  of  know- 
ing if  an  invention  belongs  to  one  or  other  classes  specified  above, 
the  Ministry  of  War  will  furnish  the  necessary  information.  Atten- 
tion is  drawn  to  the  penal  clauses  contained  in  section  1  of  the  law  of 
June  3,  1914,  and  in  section  89  of  the  penal  code  of  the  Empire. 


I NDUSTRTAL  PROPERTY — CONVENTION PRIORITY "WAR  MEASURES" 

DECREE   (AMENDATORY)   or  APRIL,  8,  1916. 

[Notification  concerning  extended  priority  terms.] 

By  virtue  of  Article  3  of  the  law  concerning  the  authorization  of 
the  Federal  Council  for  taking  economic  measures,  etc.,  of  August  4, 
1914  (Reichsgesetzblatt,  p.  327),  the  Federal  Council  has  decreed  as 
follows : 

In  paragraph  1  of  Article  1  of  the  decree  of  May  7,  1915  (Reichs- 
gesetzblatt,  p.  272),  concerning  the  prolongation  of  the  priority  terms 
provided  for  in  Article  4  of  the  Revised  Convention  of  Paris  for  the 
Protection  of  Industrial  Property,  of  June  2,  1911,  the  words  "but 
latest  to  June  30,  1916,"  are  deleted. 

This  decree  becomes  effective  from  the  day  of  its  publication. 

Berlin,  April  8,  1916. 


PATENTS  —  GEBRAUCHSMUSTER  —  TRADE  MARKS  —  TAXES  —  PUBLICA- 
TION— TEMPORARY  RELIEF — "  WAR  MEASURES  " — DECREE  (AMEND- 
ATORY) OF  APRIL  13,  1916. 

[Translation.] 

[Notification  concerning  measures  for  relief  in  patent,  Gebrauchsmuster,  and  trade-mark 

matters.] 

By  virtue  of  Article  3  of  the  law  concerning  the  authorization  of 
the  Federal  Council  for  taking  economic  measures,  etc.,  of  August  4, 
1914  (Reichsgesetz'blatt,  p.  327),  the  Federal  Council  has  decreed  as 
follows : 

ARTICLE  1.  In  Article  2  of  the  decree  concerning  temporary  relief 
measures  in  matters  relating  to  patent,  Gebrauchsmuster,  and  trade- 
mark rights,  of  September  10,  1914  (Reichsgesetzblatt,  p.  403),  the 
second  sentence  is  deleted  and  the  following  paragraph  2  is  added : 

"  The  reinstatement  must  be  applied  for  within  a  term  of  two 
months  from  the  discontinuance  of  the  obstacle.  The  Chancellor  of 
the  Empire  shall  determine  at  what  period  the  petition  may  no  longer 


206  GERMANY. 

be  allowed.  The  provisions  of  Article  236  and  following  of  the 
regulation  for  civil  procedure  shall  be  correspondingly  applied." 

ART.  2.  The  publication  of  the  patent  application  may,  after  the 
expiration  of  the  time  provided  for  in  paragraph  1,  of  Article  4,  of 
the  decree  of  March  31,  1915,  concerning  additional  relief  measures 
in  matters  relative  to  patent  and  Gebrauchsmuster  rights  (Reichs- 
gesetzblatt,  p.  212),  be  yet  delayed  longer.  The  Chancellor  of  the 
Empire  shall  determine  upon  the  duration  of  suspension. 

ART.  3.  This  decree  becomes  effective  on  the  day  of  its  publica- 
tion. The  Chancellor  of  the  Empire  shall  determine  upon  the  day  on 
which  it  shall  become  inoperative. 

(From  Reichsgesetsiblatt,  1916,  p.  278.) 

Berlin,  April  13,  1916. 


PATENTS — GEBRAUCHSMUSTER — TRADE-MARKS — "  WAR    MEASURES  "- 
NOTICE  OF  DECEMBER  28,  1916. 

[Translation.] 

[Notice  concerning  the  payment,  in  enemy  countries,  of  taxes  relative  to  industrial  prop- 
erty.] 

The  disposition  of  the  notices  of  October  13,  1914,  December  16, 
1914,  and  October  17,  1916  (Reichsgeset&Uatt,  Oct.  14,  1914,  Dec.  16, 
1914,  and  Oct.  18,  1916),  according  to  the  terms  of  which  payments 
necessary  for  obtaining,  preserving,  or  prolonging  the  legal  protec- 
tion in  patent,  Gebrauchsmuster,  and  trade-mark  matters,  are  not 
subject,  until  new  order,  to  the  prohibition  of  making  payments  in 
England,  France,  Russia,  and  Roumania,  shall  be  applied  only  to 
rights  belonging  to  subjects  of  the  Empire,  of  countries  that  are 
allied  thereto,  and  to  neutral  countries. 

Berlin,  December  28,  1916. 

(Signed)  DR.  HELFFERICH, 

Deputy  Chancellor  of  the  Empire. 

(Translated  from  33  La  Propriete  Industrielle,  69,  which  credits 
Rtichsgesetzblatt)  No.  304,  of  Dec.  28,  1916.) 


INDUSTRIAL  PROPERTY — GERMAN  HOLDERS  IN  ENEMY  COUNTRIES — 
"  WAR  MEASURES  "-—INQUIRY  OF  IMPERIAL  GERMAN  PATENT  OF- 
FICE— NOTICE. 

[Translation.] 

According  to  German  papers,  the  President  of  the  Patent  Office  has 
published  the  following  notice : 

Several  of  the  countries  at  war  with  Germany  have  issued  provisions  having 
for  their  aim  to  annul  or  suspend  rights  in  patent,  Gebrauchsmuster,  and 


GEKMANY.  207 

trade-mark  rights  that,  according  to  the  laws  in  force  in  those  countries,  belong 
to  Germans.  The  information  that  we  have  concerning  the  manner  in  which 
these  provisions  are  applied  is  incomplete.  It  is  therefore  desirable  and  nec- 
essary in  the  interest  of  those  that  this  concerns  that  the  particular  cases  in 
which  the  rights  of  Germans  have  actually  been  injured  as  to  industrial  prop- 
erty be  established  exactly  and  completely.  The  Imperial  Patent  Office  has  been 
authorized  to  prepare  a  complete  list  in  this  regard.  For  this,  the  collaboration 
of  those  interested  is  indispensable.  In  consequence,  the  owners  of  patents. 
Gebrauchsmuster,  and  trade-marks  protected  in  enemy  countries  are  invited  to 
inform  the  Patent  Office  as  early  as  possible  of  each  official  interference  brought 
against  their  rights — those  already  brought,  as  well  as  those  that  shall  occur 
later.  If  the  decisions  reached  can  not  be  produced  in  the  original  or  by  a  copy, 
a  clear  and  precise  indication  of  the  state  of  facts  is,  necessary  and  sufficient. 
There  should  be  particularly  indicated  the  country  that  has  granted  the  right, 
the  object  and  duration  of  this  latter,  as  well  as  the  date  of  the  decision  ren- 
dered against  the  parties  interested,  the  authority  from  whom  it  emanates,  and 
its  essentiiil  contents  (nature  and  term  of  the  restriction,  compensation  required, 
amount  of  the  license).  There  is  no  question  here  of  damages  to  be  claimed  by 
the  parties  interested.  Communications  on  this  subject  should  be  addressed  to 
the  Imperial  Patent  Office,  Berlin. 

(From  32  La  Propriete  Industrielle,  Dec.,  1916,  p.  145.) 


PATENTS — GEBRAUCHSMUSTER — OF  INTEREST  TO  NATIONAL  DEFENSE — 
PUBLICATION  PROHIBITED — "  WAR  MEASURE  " — NOTICE  No.  5702,  OF 
FEBRUARY  8,  1917. 

[Translation.] 

[Notice  prohibiting  proceedings  for  the  publication  of  certain  patents  of  invention  and 

Gebrauchsmuster.  ] 

By  virtue  of  section  3  of  the  law  of  August  4,  1914,  authorizing 
the  Federal  Council  to  take  measures  of  economic  order,  etc.  (Reichs- 
gesetzblatt,  327),  the  Federal  Council  has  decreed  as  follows: 

SECTION  1.  The  delivery  of  a  patent  shall  be  made  without  any 
publication  when  the  Patent  Office,  after  having  heard  the  Adminis- 
tration of  the  Army  and  the  Navy,  shall  consider  that  the  invention 
ought  to  remain  secret  in  the  interest  of  the  national  defense  or  for 
the  prosecution  of  the  war  (Kriegswirtschaft). 

The  same  rule  shall  be  applied  in  whatever  concerns  the  registra- 
tion of  Gebrauchsmuster. 

The  patent  shall  be  recorded  in  a  special  volume  of  the  register 
of  patents  and  the  Gebrauchsmuster  in  a  special  volume  of  the 
register  of  Gebrauchsmuster  (war  register).  The  contents  of  the 
war  register  shall  not  be  published.  Under  reservation  of  the  pro- 
visions of  section  2  it  shall  not  be  permitted  to  examine  the  war 
register  or  of  the  documents  relative  to  the  application  after  the 
patent  has  been  delivered  or  the  Gebrauchsmuster  has  been  regis- 
tered. 

SEC.  2.  The  Administration  of  the  Army  and  Navy  is  at  liberty  to 
examine  the  war  register,  as  well  as  the  documents  relative  to  the 
93169—19 14 


208  GERMANY. 

deposit  of  applications  for  patents  and  Gebrauchsmuster  that  con- 
cern the  national  defense  or  the  prosecution  of  the  war. 

On  petition  the  Patent  Office  may,  with  the  consent  of  the  Admin- 
istration of  the  Army  and  Navy,  permit  other  persons  to  examine  the 
war  register,  as  well  as  the  documents  relative  to  patents  delivered 
and  Gebrauchsmuster  registered  in  accordance  with  section  1. 

SEC.  3.  If,  after  having  heard  the  Administration  of  the  Army  and 
Navy,  the  Patent  Office  esteems  that  it  is  no  longer  necessary  to  keep 
secret  the  patent  or  the  Gebrauchsmuster,  the  subsequent  procedure 
shall  be  governed  by  the  ordinary  legal  provisions. 

SEC.  4.  Whoever  illegally  examines  the  war  register  or  documents 
filed  by  virtue  of  which  a  patent  has  been  delivered  or  a  Gebrauchs- 
muster has  been  registered,  in  accordance  with  section  1,  or  furnishes 
to  a  third  party  the  opportunity  to  examine  same,  or  communi- 
cates the  contents  thereof  to  a  third  party,  shall  be  punished  by 
imprisonment  up  to  one  year  and  a  fine  up  to  5,000  marks,  or  either 
of  these  two  penalties. 

Attempt  at  same  is  punishable. 

SEC.  5.  The  present  decree  shall  become  effective  the  day  of  its 
publication.  The  Chancellor  of  the  Empire  shall  fix  the  day  whereon 
it  shall  cease  to  be  of  effect. 

Berlin,  February  8,  1917. 

(Signed)  Dr.  HELFFERICH. 

(From  33  La  Propriete  Industrielle,  18,  of  Feb.  28, 1917.) 


INDUSTRIAL  PROPERTY — ALIEN  ENEMIES — RIGHTS — WAR  MEASURES- 
DECREE  (AMENDATORY)  No.  5679,  OF  FEBRUARY  25,  1917. 

[Translation.] 

By  virtue  of  section  8  of  the  decree  concerning  the  rights  of  sub- 
jects of  enemy  countries  in  matters  of  industrial"  property,  of  July  1, 
1915  (ReichsgesetzbUtt,  414),  it  is  declared  by  these  presents  that 
said  decree,  in  so  far  as  it  concerns  Russia  and  Russian  subjects, 
ceases  to  be  in  force  with  regard  to  the  territories  at  present  com- 
prised within  the  Government  General  of  Warsaw  and  the  military 
Government  General  of  Lubin,  dating  from  the  day  whereon  the 
present  notice  shall  be  published,  under  reservation,  however,  that : 
(1)  Whoever  shall  have  made  use  in  the  country,  during  the  time 
comprised  between  March  11,  1915,  and  the  said  date,  of  an  object 
whereon  protection  shall  have  ceased  (sec.  6  of  above-cited  de- 
cree) ,  or  shall  have  taken  the  measures  necessary  for  the  use  of  this 
object,  shall  preserve  the  faculty  of  making  use  thereof  for  the  needs 
of  hi;  own  establishment. 


GERMANY.  209 

(2)  The  rights  acquired  during  the  same  time  by  subjects  of  coun- 
tries other  than  enemy  countries  (sec.  5  of  the  above-cited  decree) 
shall  be  respected. 

Berlin,  January  25,  1917. 

(Signed)  Dr.  HELFFERICH, 

Deputy  Chancellor  of  the  Empire. 
(From  33  La  Propriete  Industrielle,  17,  of  Feb.  28,  1917.) 


IN DL  STRI AL   PROPERTY APPLICATION  8 CON  VEX  TION PRIORITY  — 

AMERICAN  HOLDERS — STATUS  AS  CONCERNS  WAR  MEASURES — NOTICE 
No.  5843  OF  MAY  5,  1917. 

[Translation.] 
[Notice  concerning  the  prolongation  of  terms  of  priority  to  the  United  States  of  America.] 

By  virtue  of  section  1,  paragraph  2,  of  the  decree  of  the  Federal 
Council  of  May  7,  1915,  concerning  the  extension  of  the  terms  of 
priority  provided  for  by  Article  4  of  the  revised  Convention  of  Paris, 
June  2,  1911,  for  the  protection  of  industrial  property  (Reichsgesetz- 
blatt,  p.  272),  it  is  thereby  declared  that  in  the  United  States  of 
America  the  terms  of  priority,  in  so  far  as  they  have  not  expired 
prior  to  August  1,  1914,  or  will  not  expire  after  December  31,  1917, 
are  prolonged  in  favor  of  subjects  of  countries  that  grant  sub- 
stantially the  same  rights  to  United  States  citizens,  even  also  in  favor 
of  German  subjects,  for  a  period  of  nine  months.  However,  this 
prolongation  is  granted  only  when  the  applicant,  by  reason  of  the 
state  of  war,  has  been  prevented  from  observing  the  term,  and  it 
does  not  apply  if  and  so  long  as  the  state  of  war  exists  between  the 
country  to  which  the  applicant  is  a  subject  and  the  United  States  of 
America. 

Berlin,  May  5,  1917. 

(Signed)  Dr.  HELFFERICH, 

Vice  Chancellor  of  the  Empire. 

(Translation  from  33  La  Propriete  Indus trielle*  57.) 


PATENTS — TRADE  MARKS— AMERICAN  HOLDERS— ABROGATION  OF  CER- 
TAIN FACILITIES,  "  WAR  MEASURES  "- — NOTICE  No.  5844  OF  MAY  6, 
1917. 

[Translation.] 

L Notice  concerning  the  abrogation  of  certain  temporary  facilities  accorded  to  the  United 
States  of  America  in   patent   and   trade-mark   matters.] 

The  notice  of  October  21,  1914  (Reichsgesetzblatt,  p.  450),  is  abro- 
gated in  so  far  as  it  declares  that  German  subjects  enjoy,  in  the 


210  GERMANY. 

United  States,  facilities  analogous  to  those  provided  for  bj  the  de- 
cree of  the  Federal  Council,  September  10,  1914,  concerning  tem- 
porary facilities  granted  in  the  domain  of  patents,  Gebrauchsmuster, 
and  trade-marks  (Reichsgesetzblatt,  p.  403). 
Berlin,  May  6,  1917. 

(Signed)  Dr.  HELFFERICII, 

Vice  Chancellor  of  the  Empire. 


INDUSTRIAL  PROPERTY — FEES  IN  THE  UNITED  STATES — PROHIBITION  OF 
PAYMENT — DECREE  OF  AUGUST  9, 1917 — EFFECTIVE  AUGUST  13, 1917. 

[Translation.] 
[Decree  prohibiting  the  making  of  payments  in  the  United  States  of  America.] 

By  virtue  of  the  provisions  of  section  3  of  the  law  of  August  4, 
1914,  authorizing  the  Federal  Council  to  take  measures  of  economic 
order,  etc.  (Reichsgesetzblatt, p.  327),  the  Federal  Council  has  de- 
creed by  way  of  reprisal  the  following  dispositions : 

ARTICLE  1.  The  prescriptions  of  the  decree  of  September  30,  1914, 
prohibiting  the  making  of  payments  in  England  are  declared  ap- 
plicable to  the  United  States  of  America. 

This  application  is  subject  to  the  following  restrictions : 

1.  In  order  to  determine  whether  the  relief  extends  its  effects  to  the 
holder,  acquirer,  or  not  (see.  2,  par.  2,  of  the  decree  of  Sept.  30, 1914), 
the  only  question  to  be  considered  is  that  of  knowing  whether  the 
acquisition  has  been  effected  prior  to  or  after  April  6,  1917,  without 
taking  account  of  the  domicile  or  location  of  the  establishment  of  the 
acquirer. 

2.  The  dispositions  that  concern  the  entry  int6  force  of  the  decree 
of  September  30,  1914,  are  replaced  by  those  that  concern  the  entry 
into  effect  of  the  present  decree. 

ART.  2.  The  Chancellor  of  the  Empire  may,  by  way  of  reprisal, 
declare  the  provisions  decreed  against  enemy  States  applicable  to 
other  countries. 

ART.  3.  The  present  decree  shall  become  of  effect  from  the  date  of 
its  publication.1  The  Chancellor  of  the  Empire  shall  determine  at 
what  date  and  to  what  degree  it  shall  cease  to  be  of  effect. 

Berlin.  August  9,  1917. 

(Signed)  DR.  HELFFERICH, 

Vice  Chancellor  of  the  Empire. 

(From  33  La  Propriete  Industrielle,  105.) 

1  Published  in  Reichsgesetzblatt,  No.  191,  of  August  13,  1917. 


QEEMANY.  211 

INDUSTRIAL  PROPERTY — FEES  IN  THE  UNITED  STATES — PERMISSION  OF 
PAYMENT — DECREE  OF  SEPTEMBER  12,  1917. 

[Translation.] 

[Decree  permitting  the  effecting  in  the  United   States  of  America  of  payments  relative 
to  industrial  property   (of  Sept.  12,  1917).] 

By  virtue  of  Article  1,  paragraph  1,  of  the  decree  of  the  Federal 
Council  (Bundesrath)  of  August  9,  1917,  interdicting  the  making  of 
payments  in  the  United  States  of  America  (Reichsgesetzblatt,  No. 
708),  and  of  section  7,  paragraph  1,  of  the  decree  of  September  30, 
1914  (Reitihsgesetzblott,  No.  421),  the  payments  prescribed  for  ob- 
taining, preserving,  or  prolonging  the  protection  obtained  in  America 
in  the  matter  of  patents,  designs,  or  models,  or  of  trade-marks  for 
subjects  of  the  Empire,  of  allied  countries,  and  of  neutral  States, 
shall  be  authorized  under  new  order. 

Berlin,  September  12,  1917. 

(Signed)  DR.  HELFFERICH, 

Vice  Chancellor  of  the  Empire. 

(From  33  La  Propriete  IndustrieUe,  117,  which  credits  Reichs- 
gewtzllatt,  No.  217,  of  Sept.  12,  1917.) 


INDUSTRIAL  PROPERTY — GERMAN  HOLDERS — NOTIFICATION  OF  STATUS 
IN  UNITED  STATES — DECREE  No.  6199,  OF  JANUARY  3,  1918. 

[Translation.] 

[Decree  concerning  the  facilities  granted  in  the  United  States  of  America  in  industrial 

property  matters.] 

By  virtue  of  section  3  of  the  decree  of  the  Bundesrat  of  September 
10.  1914,  concerning  the  temporary  facilities  accorded  in  the  domain 
of  patents,  Gebrauchsmuster,  and  trade-marks  (Reichsgestzblatt,  p. 
403),  notice  is  given  that  in  the  United  States  analagous  facilities 
are  granted  to  subjects  of  the  German  Empire. 

Berlin,  January  3,  1918. 

By  order  of  the  Chancellor  of  the  Empire. 

(Signed)  DELBRUCK. 

(From  34  La  Propriete  Industrielle,  2.) 


INDUSTRIAL  PROPERTY. — AMERICAN  HOLDERS. — RELIEF  MEASURES. — 
RECIPROCITY  WITH  UNITED  STATES. — "  WAR  MEASURES." — DECREE 
No.  6200,  OF  JANUARY  3,  1918. 

[Translation.] 

[Decree  concerning  the   rights   of   citizens  of   the   United   States   in   industrial   property 

matters.] 

By  virtue  of  section  7,  paragraph  2,  of  the  decree  of  the  Bun- 
desrat of  July  1,  1915,  concerning  the  rights  of  the  subjects  of 


212  GERMANY. 

enemy  countries  in  industrial  property  matters   (Reichsgesetzblatt, 
p.  414),  the  following  is  ordered  by  way  of  reprisal: 

ARTICLE  1.  The  prescriptions  of  sections  1,  3,  and  4  of  the  decree 
of  July  1,  1915,  concerning  the  rights  of  the  subjects  of  enemy  coun- 
tries in  industrial  property  matters  are  declared  applicable  to  citi- 
zens of  the  United  States  of  America. 

ART.  2.  The  present  decree  shall  become  effective  from  the  date  of 
its  publication. 

Berlin,  January  3,  1918. 

By  order  of  the  Chancellor  of  the  Empire. 

(Signed)  DELBRUCK. 

(From  34  L a  Proprlete  Industrielle,  2.) 

INDUSTRIAL,    PROPERTY  —  APPLICATIONS  —  CONVENTION  —  PRIORITY — 
AMERICAN    HOLDERS — RECIPROCAL    RELIEF — "  WAR    MEASURES  "— 
DECREE  No.  6198,  or  JANUARY  3,  1918. 

[Translation.] 

[Decree  concerning  the  extension   of  the   terras  of   priority   as   to   the   United   States   of 

America.] 

By  virtue  of  section  1,  paragraph  2,  of  the  decree  of  the  Bun- 
desrat  of  May  7,  1915,  concerning  the  extension  of  the  terms  of 
priority  provided  for  by  Article  4  of  the  revised  Convention  of  Paris 
of  June  2,  1911,  for  the  protection  of  industrial  property  (Reichs- 
gesetzblatt,  p.  272),  the  decree  of  May  5,  1917,  concerning  the  pro- 
longation of  the  terms  of  priority  as  to  the  United  States  of  America 
(Reichsgeset&blcutt)  p.  401),  is  modified  to  the  effect  that  in  the  first 
phrase  the  words  "  or  will  not  expire  after  December  31,  1917,"  and 
in  the  second  phrase  the  words  "  and  it  does  not  apply  if  and  so  long 
as  the  state  of  war  exists  between  the  country  to  which  the  applicant 
is  a  subject  and  the  United  States  of  America  "  are  deleted. 

Berlin,  January  3,  1918. 

By  order  of  the  Chancellor  of  the  Empire. 

( Signed )  DELBRUCK. 

(From  34  La  Propriete  Industrielle,  2.) 


GREAT  BRITAIN,  IRELAND,  AND  THE  ISLE  OF  MAN. 

[A.  D.  1623.— 21  James  I.] 

GAP.  III. — An  act  concerning  monopolies  and  dispensations  with  penal  laws, 
and  the  forfeitures  thereof. 

For  as  much  as  your  most  excellent  Majesty,  in  your  royal  judg- 
ment and  of  your  blessed  disposition  to  the  weal  and  quiet  of  your 
subjects,  did  in  the  year  of  our  Lord  1610,  publish  in  print  to  the 
whole  realm  and  to  all  posterity,  that  all  grants  of  monopolies  and 
of  the  benefit  of  any  penal  laws,  or  of  power  to  dispense  with  the  law 
or  to  compound  for  the  forfeiture,  are  contrary  to  Your  Majesty's 
laws,  which  Your  Majesty's  declaration  is  truly  consonant  and 
agreeable  to  the  ancient  and  fundamental  laws  of  this  your  realm, 
(2)  and  whereas  Your  Majesty  was  further  graciously  pleased  ex- 
pressly to  command,  that  no  suitor  should  presume  to  move  Your 
Majesty  for  matters  of  that  nature,  (3)  yet  nevertheless  upon  mis- 
informations and  untrue  pretenses  of  public  good  many  such  grants 
have  been  unduly  obtained,  and  unlawfully  put  in  execution  to  the 
great  grievance  and  inconvenience  of  Your  Majesty's  subjects  con- 
trary to  the  laws  of  this  your  realm  and  contrary  to  Your  Majesty's 
most  royal  and  blessed  intention  so  published  as  aforesaid,  (4)  for 
avoiding  ^lereof  and  preventing  of  the  like  in  time  to  come  may 
it  please  Your  Excellent  Majesty  at  the  humble,  suit  of  the  Lords 
Spiritual  and  Temporal,  and  the  Commons  in  this  present  Parliament 
assembled,  that  it  may  be  declared  and  enacted  (5)  and  be  it  de- 
clared and  enacted  by  authority  of  this  present  Parliament  that  all 
monopolies  and  all  commissions,  grants,  licenses,  charters,  and  let- 
ters patents  heretofore, made  or  granted  or  hereafter  to  be  made  or 
granted  to  any  person  or  persons  bodies  politic  or  corporate  what- 
soever or  for  the  sole  buying,  selling,  making,  working,  or  using  of 
anything  within  this  realm  or  the  Dominion  of  Wales,  (6)  or  of  any 
other  monopolies  or  of  power,  liberty  of  faculty  to  dispense  with 
any  others  or  to  give  license  or  toleration  to  do,  use,  or  exercise  any- 
thing against  the  tenor  or  purport  of  any  law  or  statute,  (7)  or 
to  give  or  make  any  warrant  for  any  such  dispensation,  license,  or 
toleration  to  be  had  or  madfe  or  to  agree  to  compound  with  any 
others  for  any  penalty  or  forfeitures  limited  by  any  statute  or  of 
any  grant  or  promise  of  the  benefit,  profit,  or  commodity  of  any  • 
forfeiture,  penalty,  or  sum  of  money  that  is  or  shall  be  due  by  any 


214  GREAT  BRITAIN. 

statute  before  judgment  thereupon  had,  (8)  and  all  proclamations, 
inhibitions,  restraints,  warrants  of  assistance,  and  all  other  matters 
and  things  whatsoever  anyway  tending  to  the  institution,  erecting, 
strengthening,  furthering,  or  countenancing  of  the  same  or  any  of 
them,  (9)  are  altogether  contrary  to  the  laws  of  this  realm  and  so  are 
and  shall  be  utterly  void  and  of  none  effect  and  in  no  wise  to  be  put 

in  use  or  execution. 

*  *  *  *  *  *  * 

SEC.  6.  Provided  also  and  be  it  declared  and  enacted,  That  any 
declaration  before  mentioned  shall  not  extend  to  any  letters  patents 
and  grants  of  privilege  for  the  term  of  fourteen  years  or  under  here- 
after to  be  made  of  the  sole  working  or  making  of  any  manner  of  new 
manufactures  within  this  realm  to  the  true  and  first  inventor  and 
inventors  of  such  manufactures  which  others  at  the  time  of  making 
such  letters  patents  and  grants  shall  not  use,  so  as  also  they  be  not 
contrary  to  the  law  nor  mischievous  to  the  State  by  raising  prices 
of  commodities  at  home,  or  hurt  of  trade,  or  generally  inconvenient, 
the  said  fourteen  years  to  be  accounted  from  the  date  of  the  first 
letters  patent  or  grant  of  such  privilege  hereafter  to  be  made,  but 
that  the  same  shall  be  of  such  force  as  they  should  be  if  this  Act  had 
never  been  made  and  of  none  other. 

[7  Edw.  7,  Ch.  29.] 

An  Act  to  consolidate  the  enactments  relating  to  patents  for  inventions  and  the 
registration  of  designs  and  certain  enactments  relating  to  trade-marks  (so  far 
as  it  relates  to  patents).  [28th  August,  1907.] 

Be  it  enacted  by  the  King's  most  Excellent  Majesty,  ~by  and  with  the 
advice  and  consent  of  the  Lords  Spiritual  and  Temporal*  and  Com- 
mons, in  this  present  Parliament  assembled,  and  by  the  authority  of 
the  same,  as  follows: 

PART  I. — PATENTS. 

APPLICATION  FOR  AND  GRANT  OF  PATENT. 

Application. 

1.  (1)  An  application  for  a  patent  may  be  made  by  any  person  who 
claims  to  be  the  true  and  first  inventor  of  an  invention,  whether  he 
is  a  British  subject  or  not,  and  whether  alone  or  jointly  with  any 
other  person. 

(2)  The  application  must  be  made  in  the  prescribed  form,  and 
must  be  left  at,  or  sent  by  post  to,  the  Patent  Office  in  the  prescribed 
manner. 

(3)  The  application  must  contain  a  declaration  to  the  effect  that 
the  applicant  is  in  possession  of  an  invention,  whereof  he,  or  in  the 
case  of  a  joint  application  one  at  least  of  the  applicants,  claims  to  be 


GREAT  BRITAIN.  215 

the  true  and  first  inventor,  and  for  which  he  desires  to  obtain  a  pat- 
ent, and  must  be  accompanied  by  either  a  provisional  or  complete 
specification. 

(4)  The  declaration  required  by  this  section  may  be  either  a  statu- 
tory declaration  or  not,  as  may  be  prescribed. 

Specifications. 

2.  (1)   A  provisional  specification  must  describe  the  nature  of  the 
invention. 

(2)  A  complete  specification  must  particularly  describe  and  ascer- 
tain the  nature  of  the  invention  and  the  manner  in  which  the  same 
is  to  be  performed. 

(3)  In  the  case  of  any  provisional  or  complete  specification,  where 
the  comptroller  deems  it  desirable,  he  may  require  that  suitable 
drawings  shall  be  supplied  with  the  specification,  or  at  any  time 
before  the  acceptance  of  the  same,  and  such  drawings  shall  be  deemed 
to  form  part  of  the  said  specification. 

(4)  A  specification,  whether  provisional  or  complete,  must  com- 
mence with  the  title,  and  in  the  case  of  a  complete  specification  must 
end  with  a  distinct  statement  of  the  invention  claimed. 

(5)  Where  the  invention  in  respect  of  which  an  application  is 
made  is  a  chemical  invention,  such  typical  samples  and  specimens 
as  may  be  prescribed  shall,  if  in  any  particular  case  the  comptroller 
considers  it  desirable  so  to  require,  be  furnished  before  the  accept- 
ance of  the  complete  specification. 

Proceedings  upon  application. 

3.  (1)   The  comptroller  general  of  patents,  designs,   and  trade- 
marks (hereinafter  referred  to  as  the  comptroller)  shall  refer  every 
application  to  an  examiner. 

(2)  If  the  examiner  reports  that  the  nature  of  the  invention  is 
not  fairly  described,  or  that  the  application,  specification,  or  draw- 
ings have  not  been  prepared  in  the  prescribed  manner,  or  that  the 
title  does  not  sufficiently  indicate  the  subject  matter  of  the  inven- 
tion, the  comptroller  may  refuse  to  accept  the  application  or  re- 
quire that  the  application,  specification,  or  drawings  be  amended  be- 
fore he  proceeds  with  the  application;  and  in  the  latter  case  the 
application  shall,  if  the  comptroller  so  directs,  bear  date  as  from 
the  time  when  the  requirement  is  complied  with. 

(3)  Where  the  comptroller  refuses  to  accept  an  application  or  re- 
quires an  amendment,  the  applicant  may  appeal  from  his  decision  to 
the  law  officer,  who  shall,  if  required,  hear  the  applicant  and  the 
comptroller,  and  may  make  an  order  determining  whether  and  subject 
to  what  conditions  (if  any)  the  application  shall  be  accepted. 


216  GREAT   BRITAIN. 

(4)  The  comptroller  shall,  when  an  application  has  been  accepted,, 
give  notice  thereof  to  the  applicant. 

Provisional  protection — Time  for  leaving  complete  specification. 

4.  Where  an  application  for  a  patent  in  respect  of  an  invention  has 
been  accepted,  the  invention  may  during  the  period  between  the  date 
of  the  application  and  the  date  of  sealing  such  patent  be  used  and 
published  without  prejudice  to  the  patent  to  be  granted  for  the  in- 
vention; and  such  protection  from  the  consequences  of  use  and  pub- 
lication is  in  this  Act  referred  to  as  provisional  protection. 

5.  (1)  If  the  applicant  does  not  leave  a  complete  specification  with 
his  application,  he  may  leave  it  at  any  subsequent  time  within  six 
months  from  the  date  of  the  application:  Provided,  That  where  an 
application  is  made  for  an  extension  of  the  time  for  leaving  a  com- 
plete specification,  the  comptroller  shall,  on  payment  of  the  pre- 
scribed fee,  grant  an  extension  of  time  to  the  extent  applied  for  but 
not  exceeding  one  month. 

(2)  Unless  a  complete  specification  is  so  left  the  application  shcnll 
be  deemed  to  be  abandoned. 

Comparison  of  provisional  and  complete  specification. 

6.  (1)   Where  a  complete  specification  is  left  after  a  provisional 
specification,  the  comptroller  shall  refer  both  specifications  to  an 
examiner. 

(2)  If  the  examiner  reports  that  the. complete  specification  has  not 
been  prepared  in  the  prescribed  manner,  the  comptroller  may  refuse 
to  accept  the  complete  specification  until  it  has  been  amended  to  his 
satisfaction. 

(3)  If  the  examiner  reports  that  the  invention  particularly  de- 
scribed in  the  complete  specification  is  not  substantially  the  same  as 
that  which  is  described  in  the  provisional  specification,  the  comp- 
troller may — 

(a)  Refuse  to  accept  the  complete  specification  until  it  has  been 
amended  to  his  satisfaction;  or 

(&)  (with  the  consent  of  the  applicant)  Cancel  the  provisional 
specification  and  treat  the  application  as  having  been  made  on  the 
date  at  which  the  complete  specification  was  left,  and  the  application 
shall  have  effect  as  if  made  on  that  date : 

Provided.  That  where  the  complete  specification  includes  an  inven- 
tion not  included  in  the  provisional  specification,  the  comptroller 
may  allow  the  original  application  to  proceed  so  far  as  the  invention 
included  both  in  the  provisional  and  in  the  complete  specification  is 
concerned,  and  treat  the  claim  for  the  additional  invention  included 


GREAT   BRITAIN.  217 

in  the  complete  specification  as  an  application  for  that  invention 
made  on  the  date  at  which  the  complete  specification  was  left. 

(4)  A  refusal  of  the  comptroller  to  accept  a  complete  specification 
shall  be  subject  to  appeal  to  the  law  officer,  who  shall,  if  required, 
hear  the  applicant  and  the  comptroller  and  may  make  an  order 
determining  whether  and  subject  to  what  conditions   (if  any)   the 
complete  specification  shall  be  accepted. 

(5)  Unless   a    complete   specification   is   accepted   within   twelve 
months  from  the  date  of  the  application,  the  application  shall  (ex- 
cept where  an  appeal  has  been  lodged)  become  void:  Provided,  That 
Avhere  an   application   is  made   for   an   extension   of   time   for   the 
acceptance  of  a  complete  specification,  the  comptroller  shall,  on  pay- 
ment of  the  prescribed  fee,  grant  an  extension  of  time  to  the  extent 
applied  for  but  not  exceeding  three  months. 

Investigation  of  previous  specifications  in  United  Kingdom  on  appli- 
cations for  patents. 

7.  (1)  Where  an  application  for  a  patent  has  been  made  and  a 
complete  specification  has  been  left,  the  examiner  shall,  in  addition 
to  the  other  inquiries  which  he  is  directed  to  make  by  this  Act,  make 
a  further  investigation  for  the  purpose  of  ascertaining  whether  the 
invention  claimed  has  been  wholly  or  in  part  claimed  or  described  in 
any  specification  (other  than  a  provisional  specification  not  followed 
by  a  complete  specification)  published  before  the  date  of  the  applica- 
tion, and  left  pursuant  to  any  application  for  a  patent  made  in  the 
United  Kingdom  within  fifty  years  next  before  the  date  of  the 
application. 

(2)  If  on  investigation  it  appears  that  the  invention  has  been 
wholly  or  in  part  claimed  or  described  in  any  such  specification,  the 
applicant  shall  be  informed  thereof,  and  the  applicant  may,  within 
such  time  as  may  be  prescribed,  amend  his  specification,  and  the 
amended  specification  shall  be  investigated  in  like  manner  as  the 
original  specification. 

(3)  If  the  comptroller  is  satisfied  that  no  objection  exists  to  the 
specification  on  the  ground  that  the  invention  claimed  thereby  has 
been  wholly  or  in  part  claimed  or  described  in  a  previous  specifica- 
tion as  before  mentioned,  he  shall,  in  the  absence  of  any  other  lawful 
ground  of  objection,  accept  the  specification. 

(4)  If  the  comptroller  is  not  so  satisfied,  he  shall,  after  hearing 
the  applicant,  and  unless  the  objection  is  removed  by  amending  the 
specification  to  the  satisfaction  of  the  comptroller,  determine  whether 
a  reference  to  any,  and,  if  so,  what  prior  specifications  ought  to  be 
made  in  the  specification  by  way  of  notice  to  the  public:  Provided, 
That  the  comptroller,  if  satisfied  that  the  invention  claimed  has  been 


218  GBEAT  BBJTAIN. 

wholly  and  specifically  claimed  in  any  specification  to  which  the 
investigation  has  extended,  may,  in  lieu  of  requiring  references  to  be 
made  in  the  applicant's  specification  as  aforesaid,  refuse  to  grant  a 
patent. 

(5)  An  appeal  shall  lie  from  the  decision  of  the  comptroller  under 
this  section  to  the  law  officer. 

(6)  The  investigations  and  reports  required  by  this  section  shall 
not  be  held  in  any  way  to  guarantee  the  validity  of  any  patent,  and 
no  liability  shall  be  incurred  by  the  Board  of  Trade  or  any  officer 
thereof  by  reason  of,  or  in  connection  with,  any  such  investigation  or 
report,  or  any  proceeding  consequent  thereon. 

Investigation  of  specifications  published  subsequently  to  application. 

8.  (1)  An  investigation   under  the  last   preceding  section   shall 
extend  to  specifications  published  after  the  date  of  the  application  in 
respect  of  which  the  investigation  is  made,  and  being  specifications 
which  have  been  deposited  pursuant  to  prior  applications ;  and  that 
section  shall,  subject  to  rules  under  this  Act,  have  effect  accordingly. 

(2)  Where,  on  such  an  extended  investigation,  it  appears  that  the 
invention  claimed  in  the  specification  deposited  pursuant  to  an  appli- 
cation is  wholly  or  in  part  claimed  in  any  published  specification 
deposited    pursuant   to    a    prior    application,   the    applicant    shall, 
whether  or  not  his  specificatin  has  been  accepted  or  a  patent  granted 
to  him,  be  afforded  such  facilities  as  may  be  prescribed  for  amending 
his  specification,  and  in  the  event  of  his  failing  to  do  so  the  comp- 
troller shall,  in  accordance  with  such  procedure  as  may  be  prescribed, 
determine  what  reference,  if  any,  to  other  specifications  ought  to  be 
made  in  his  specification  by  way  of  notice  to  the  public. 

(3)  For  the  purpose  of  this  section  an  application  shall  be  deemed 
to  be  prior  to  another  application  if  the  patent  applied  for  when 
granted  would  be  of  prior  date  to  the  patent  granted  pursuant  to  that 
other  application. 

(4)  This  section  shall  come  into  operation  at  such  date  as  the 
Board  of  Trade  may  by  order  direct,  and  shall  apply  only  to  applica- 
tions made  after  that  date,  and  the  order  shall  be  laid  before  both 
Houses  of  Parliament. 

Advertisement  on  acceptance  of  complete  specification. 

9.  On  the  acceptance  of  the  complete  specification  the  comptroller 
shall  advertise  the  acceptance;  and  the  application  and  specifications 
with  the  drawings  (if  any)  shall  be  open  to  public  inspection. 

Effect  of  acceptance  of  complete  specification. 

10.  After  the  acceptance  of  a  complete  specification  and  until  the 
date  of  sealing  a  patent  in  respect  thereof,  or  the  expiration  of  the 


GREAT  BRITAIN.  219' 

time  for  sealing,  the  applicant  shall  have  the  like  privileges  and 
rights  as  if  a  patent  for  the  invention  had  been  sealed  on  the  date 
of  the  acceptance  of  the  complete  specification:  Provided,  That  an 
•applicant  shall  not  be  entitled  to  institute  any  proceeding  for  in- 
fringement until  a  patent  for  the  invention  has  been  granted  to  him., 

Opposition  to  grant  of  patent. 

11.  (1)   Any  person  may  at  any  time  within  two  months  from  the- 
date  of  the  advertisement  of  the  acceptance  of  a  complete  specifica- 
tion give  notice  at  the  Patent  Office  of  opposition  to  the  grant  of  the 
patent  on  any  of  the  following  grounds : 

(a)  That  the  applicant  obtained  the  invention  from  him,  or  from 
i  person  of  whom  he  is  the  legal  representative;  or 

(&)  That  the  invention  has  been  claimed  in  any  complete  speci- 
fication for  a  British  patent  which  is  or  will  be  of  prior  date  to  the 
patent  the  grant  of  which  is  opposed,  other  than  a  specification 
deposited  pursuant  to  an  application  made  more  than  fifty  years 
before  the  date  of  the  application  for  such  last-mentioned  patent;  or 

(c)  That  the  nature  of  the  invention  or  the  manner  in  which  it  is 
to  be  performed  is  not  sufficiently  or  fairly  described  and  ascertained 
in  the  complete  specification ;  or 

(d)  That  the  complete  specification  describes  or  claims  an  inven- 
tion other  than  that  described  in  the  provisional  specification,  and 
that  such  other  invention  forms  the  subject  of  an  application  made 
by  the  opponent  in  the  interval  between  the  leaving  of  the  provisional 
specification  and  the  leaving  of  the  complete  specification,  but  on  no 
other  ground. 

(2)  Where  such  notice  is  given  the  comptroller  shall  give  notice 
of  the  opposition  to  the  applicant,  and  shall,  on  the  expiration  of 
those  two  months,  after  hearing  the  applicant  and  the  opponent,  if 
desirous  of  being  heard,  decide  on  the  case. 

(3-)  The  decision  of  the  comptroller  shall  be  subject  to  appeal  to 
the  law  officer,  who  shall,  if  required,  hear  the  applicant  and  the 
opponent,  if  the  opponent  is,  in  his  opinion,  a  person  entitled  to  be 
heard  in  opposition  to  the  grant  of  the  patent,  and  shall  decide  the 
case;  and  the  law  officer  may,  if  he  thinks  fit,  obtain  the  assistance 
of  an  expert,  who  shall  be  paid  such  remuneration  as  the  law  officer 
with  the  consent  of  'the  treasury  may  determine. 

Grant  and  sealing  of  patent. 

12.  (1)   If  there  is  no  opposition,  or,  in  case  of  opposition,  if  the 
determination  is  in  favor  of  the  grant  of  a  patent,  a  patent  shall,  on 
payment  of  the  prescribed  fee,  be  granted  to  the  applicant,  or  in  the 


220  GREAT  BRITAIN. 

case  of  a  joint  application  to  the  applicants  jointly,  and  the  comp- 
troller shall  cause  the  patent  to  be  sealed  with  the  seal  of  the  Patent 
Office. 

(2)  A  patent  shall  be  sealed  as  soon  as  may  be,  and  not  after  the 
expiration  of  fifteen  months  from  the  date  of  application,  provided 
that— 

(a)  Where  the  comptroller  has  allowed  an  extension  of  the  time 
within  which  a  complete  specification  may  be  left  or  accepted,  a 
further  extension  of  four  months  after  the  said  fifteen  months  shall 
be  allowed  for  the  sealing  of  the  patent. 

(&)  Where  the  sealing  is  delayed  by  an  appeal  to  the  law  officer,  or 
by  opposition  to  the  grant  of  the  patent,  the  patent  may  be  sealed  at 
such  time  as  the  law  officer  may  direct. 

(c)  Where  the  patent  is  granted  to  the  legal  representative  of  an 
applicant  who  has  died  before  the  expiration  of  the  time  which 
would  otherwise  be  allowed  for  sealing  the  patent,  the  patent  may 
be  sealed  at  any  time  within  twelve  months  after  the  date  of  his 
death. 

•(d)  Where  in  consequence  of  the  neglect  or  failure  of  the  appli- 
cant to  pay  any  fee  a  patent  can  not  be  sealed  within  the  period 
allowed  by  this  section,  that  period  may,  on  payment  of  the  pre- 
scribed fee  and  on  compliance  with  the  prescribed  conditions,  be 
extended  to  such  an  extent  as  may  be  prescribed,  and  this  provision 
shall,  in  such  cases  as  may  be  prescribed  and  subject  to  the  prescribed 
conditions,  apply  where  the  period  allowed  for  the  sealing  of  the 
patent  has  expired  before  the  commencement  of  this  Act. 

Date  of  patent. 

13.  Except  as  otherwise  expressly  provided  by  this  Act,  a  patent 
shall  be  dated  and  sealed  as  of  the  date  of  the  application :  Provided, 
That  no  proceedings  shall  be  taken  in  respect  of  an  infringement 
committed  before  the  publication  of  the  complete  specification. 

Effect,  extent,  and  form  of  patent. 

14.  (1)   A  patent  sealed  with  the  seal  of  the  Patent  Office  shall  have 
the  same  effect  as  if  it  were  sealed  with  the  Great  Seal  of  the  United 
Kingdom,  and  shall  have  effect  throughout   the  United   Kingdom 
and  the  Isle  of  Man:  Provided,  That  a  patentee  may   assign  his 
patent  for  any  place  in  or  part  of  the  United  'Kingdom,  or  Isle  of 
Man,  as  effectually  as  if  the  patent  were  originally  granted  to  extend 
to  that  place  or  part  only. 

(2)  Every  patent  may  be  in  the  prescribed  form  and  shall  be 
granted  for  one  invention  only,  but  the  specification  may  contain 
more  than  one  claim;  and  it  shall  not  be  competent  for  any  person 


GREAT  BRITAIN.  221 

in  an  action  or  other  proceeding  to  take  any  objection  to  a  patent  on 
the  ground  that  it  has  been  granted  for  more  than  one  invention. 

Fraudulent  applications  for  patents. 

15.  (1)   A  patent  granted  to  the  true  and  first  inventor  shall  not 
be  invalidated  by  an  application  in  fraud  of  him,  or  by  provisional 
protection  obtained  thereon,  or  by  any  use  or  publication  of  the  in- 
vention subsequent  to  that  fraudulent  application  during  the  period 
of  provisional  protection. 

(2)  Where  a  patent  has  been  revoked  on  the  ground  of  fraud,  the 
comptroller  may,  on  the  application  of  the  true  inventor  made  in 
accordance  with  the  provisions  of  this  Act,  grant  to  him  a  patent  in 
lieu  of  and  bearing  the  same  date  as  the  patent  so  revoked :  Provided^ 
That  no  action  shall  be  brought  for  any  infringement  of  the  patent 
so  granted  committed  before  the  actual  date  when  such  patent  was 
granted. 

Single  patent  for-cognate  inventions. 

16.  (1)   Where  the  same  applicant  has  put  in  two  or  more  provi- 
sional specifications  for  inventions  which  are  cognate  or  modifications 
one  of  the  other,  and  has  obtained  thereby  concurrent  provisional  pro- 
tection for  the  same,  and  the  comptroller  is  of  opinion  that  the  whole 
of  such  inventions  are  such  as  to  constitute  a  single  invention  and 
may  properly  be  included  in  one  patent,  he  may  accept  one  complete 
specification  in  respect  of  the  whole  of  such  applications  and  grant 
a  single  patent  thereon. 

(2)  Such  patent  shall  bear  the  date  of  the  earliest  of  such  applica- 
tions, but  in  considering  the  validity  of  the  same  and  for  the  purpose 
of  the  provisions  of  this  Act  with  respect  to  oppositions  to  the  grant 
of  patents,  the  court  or  the  comptroller,  as  the  case  may  be,  shall 
have  regard  to  the  respective  dates  of  the  provisional  specifications 
relating  to  the  several  matters  claimed  therein. 

TERM  OF  PATENT. 

17.  (1)   The  term  limited  in  every  patent  for  the  duration  thereof 
shall,  save  as  otherwise  expressly  provided  by  this  Act,  be  fourteen 
years  from  its  date. 

(2)  A  patent  shall,  notwithstanding  anything  therein  or  in  this 
Act,  cease  if  the  patentee  fails  to  pay  the  prescribed  fees  within  the 
prescribed  times :  Provided,  That  the  comptroller,  upon  the  appli- 
cation of  the  patentee,  shall,  on  receipt  of  such  additional  fee,  not 
exceeding  £10,  as  may  be  prescribed,  enlarge  the  time  to  such  an 
extent  as  may  be  applied  for,  but  not  exceeding  three  months. 


222  GREAT  BRITAIN. 

(3)  If  any  proceeding  is  taken  in  respect  of  an  infringement  of  the 
patent  committed  after  a  failure  to  pay  any  fee  within  the  prescribed 
time,  and  before  any  enlargement  thereof,  the  court  before  which  the 
proceeding  is  proposed  to  be  taken  may,  if  it  thinks  fit,  refuse  to 
award  any  damages  in  respect  of  such  infringement. 

Extension  of  term  of  patent. 

18.  (1)  A  patentee  may,  after  advertising  in  manner  provided  by 
rules  of  the  Supreme  Court  his  intention  to  do  so,  present  a  petition 
to  the  court  praying  that  his  patent  may  be  extended  for  a  further 
term,  but  such  petition  must  be  presented  at  least  six  months  before 
the  time  limited  for  the  expiration  of  the  patent. 

(2)  Any  person  may  give  notice  to  the  court  of  objection  to  the 
extension. 

(3)  On  the  hearing  of  any  petition  under  this  section  the  patentee 
and  any  person  who  has  given  such  notice  of  objection  shall  be  made 
parties  to  the  proceeding,  and  the  comptroller  shall  be  entitled  to 
appear  and  be  heard,  and  shall  appear  if  so  directed  by  the  court. 

(4)  The  court,  in  considering  its  decision,  shall  have  regard  to  the 
nature  and  merits  of  the  invention  in  relation  to  the  public,  to  the 
profits  made  by  the  patentee  as  such,  and  to  all  the  circumstances  of 
the  case. 

(5)  If  it  appears  to  the  court  that  the  patentee  has  been  inade- 
quately remunerated  by  his  patent,  the  court  may  by  order  extend  the 
term  of  the  patent  for  a  further  term  not  exceeding  seven,  or,  in 
exceptional  cases,  fourteen  years,  or  may  order  the  grant  of  a  new 
patent  for  such  term  as  may  be  specified  in  the  order  and  containing 
any  restriction,  conditions,  and  provisions  the  court  may  think  fit. 

Patents  of  addition. 

19.  (1)  Where  a  patent  for  an  invention  has  been  applied  for  or 
granted,  and  the  applicant  or  the  patentee,  as  the  case  may  be,  applies 
for  a  further  patent  in  respect  of  any  improvement  in  or  modification 
of  the  invention,  he  may,  if  he  thinks  fit,  in  his  application  for  the 
further  patent,  request  that  the  term  limited  in  that  patent  for  the 
duration  thereof  be  the  same  as  that  of  the  original  patent  or  so  much 
of  that  term  as  is  unexpired. 

(2)  Where  an  application  containing  such  a  request  is  made,  a 
patent   (hereinafter  referred  to  as  a  patent  of  addition)   may  be 
granted  for  such  term  as  aforesaid. 

(3)  A  patent  of  addition  shall  remain  in  force  so  long  as  the 
patent  for  the  original  invention  remains  in  force,  but  no  longer, 
and  in  respect  of  a  patent  of  addition  no  fees  shall  be  payable  for 
renewal. 


GEE  AT  BRITAIN.  223 

(4)  The  grant  of  a  patent  of  addition  shall  be  conclusive  evidence 
that  the  invention  is  a  proper  subject  for  a  patent  of  addition,  and 
the  validity  of  the  patent  shall  not  be  questioned  on  the  ground  that 
the  invention  ought  to  have  been  the  subject  of  an  independent  patent. 

RESTORATION  OF  LAPSED  PATENTS. 

20.  (1)  Where  any  patent  has  become  void  owing  to  the  failure  of 
the  patentee  to  pay  any  prescribed  fee  within  the  prescribed  time, 
the  patentee  may  apply  to  the  comptroller  in  the  prescribed  manner 
for  an  order  for  the  restoration  of  the  patent. 

(2)  Every  such  application  shall  contain  a  statement  of  the  cir- 
cumstances which  have  led  to  the  omission  of  the  payment  of  the 
prescribed  fee. 

(3)  If  it  appears  from  such  statement  that  the  omission  was  un- 
intentional and  that  no  undue  delay  has  occurred  in  the  making  of 
the  application,  the  comptroller  shall  advertise  the  application  in 
the  prescribed  manner,  and  within  such  time  as  may  be  prescribed 
any  person  may  give  notice  of  opposition  at  the  Patent  Office. 

(4)  Where  such  notice  is  given  the  comptroller  shall  notify  the 
applicant  thereof. 

(5)  After  the  expiration  of  the  prescribed  period  the  comptroller 
shall  hear  the  case  and,  subject  to  an  appeal  to  the  court,  issue  an 
order  either   restoring  the   patent  or   dismissing  the   application: 
Piwided,  That  in  every  order  under  this  section  restoring  a  patent 
such  provisions  as  may  be  prescribed  shall  be  inserted  for  the  pro- 
tection of  persons  who  may  have  availed  themselves  of  the  subject 
matter  of  the  patent  after  the  patent  had  been  announced  as  void 
in  the  illustrated  official  journal. 

AMENDMENT  OF  SPECIFICATION. 

Amfndm&it  of  specification  ~by  comptroller. 

21.  (1)  An  applicant  or  a  patentee  may  at  any  time,  by  request 
in  writing  left  at  the  Patent  Office,  seek  leave  to  amend  his  specifica- 
tion, including  drawings  forming  part  thereof,  by  way  of  disclaimer, 
correction,  or  explanation,  stating  the  nature  of,  and  the  reasons  for, 
the  proposed  amendment. 

(2)  The  request  and  the  nature  of  the  proposed  amendment  shall 
be  advertised  in  the  prescribed  manner,  and  at  any  time  within  one 
month  from  its  first  advertisement  any  person  may  give  notice  at  the 
Patent  Office  of  opposition  to  the  amendment. 

(3)  Where  such  a  notice  is  given  the  comptroller  shall  give  notice 
of  the  opposition  to  the  person  making  the  request,  and  shall  hear 
and  decide  the  case. 

93169—19 15 


224  GEE  AT  BRITAIN. 

(4)  Where  no  notice  of  opposition  is  given,  or  the  person  so  giv- 
ing notice  of  opposition  does  not  appear,  the  comptroller  shall  de- 
termine whether  and  subject  to  what  conditions,  if  any,  the  amend- 
ment ought  to  be  allowed. 

(5)  The  decision  of  the  comptroller  in  either  case  shall  be  subject 
to  an  appeal  to  the  law  officer,  who  shall,  if  required,  hear  the  person 
making  the  request  to  amend  and,  where  notice  of  opposition  has 
been  given,  the  person  giving  that  notice,  if  he  is,  in  the  opinion  of 
the  law  officer,  entitled  to  be  heard  in  opposition  to  the  request,  and, 
where  there  is  no  opposition,  the  comptroller,  and  may  make  an  order 
determining  whether  and  subject  to  what  conditions   (if  any)   the 
amendment  ought  to  be  allowed. 

(6)  No  amendment  shall  be  allowed  that  would  make  the  specifi- 
cation, as  amended,  claim  an  invention  substantially  larger  than  or 
substantially  different  from  the  invention  claimed  by  the  specification 
as  it  stood  before  amendment. 

(7)  Leave  to  amend  shall  be  conclusive  as  to  the  right  of  the  party 
to  make  the  amendment  allowed,  except  in  case  of  fraud;  and  the 
amendment  shall  be  advertised  in  the  prescribed  manner,  and  shall 
in  all  courts  and  for  all  purposes  be  deemed  to  form  part  of  the 
specification. 

(8)  This  section  shall  not  apply  when  and  so  long  as  any  action 
for  infringement  or  proceeding  before  the  court  for  the  revocation 
of  a  patent  is  pending. 

Amendment  of  specif  cation  by  the  court. 

22.  In  any  action  for  infringement  of  a  patent  or  proceedings  be- 
fore a  court  for  the  revocation  of  a  patent  the  court  may  by  order 
allow  the  patentee  to  amend  his  specification  by  way  of  disclaimer 
in  such  manner,  and  subject  to  such  terms  as  to  costs,  advertisement 
or  otherwise,  as  the  court  may  think  fit :  Provided,  That  no  amend- 
ment shall  be  so  allowed  that  would  make    the    specification,   as 

amended,  claim  an  invention  substantially  larger  than,  or  sub- 
stantially different  from,  the  invention  claimed  by  the  specification 
as  it  stood  before  the  amendment,  and  where  an  application  for  such 
an  order  is  made  to  the  court  notice  of  the  application  shall  be  given 
to  the  comptroller,  and  the  comptroller  shall  have  the  right  to  ap- 
pear and  be  heard,  and  shall  appear  if  so  directed  by  the  court. 

Restriction  on  recovery  of  damages. 

23.  Where  an  amendment  of  a  specification  by  way  of  disclaimer, 
<x>Tirocticn.  or  explanation,  has  been  allowed  under  this  Act,  no  dnm- 
:•£•:•«  shall  be  given  in  any  action  in  respect  of  the  use  of  the  invention 


GREAT  BRITAIN. 

before  the  disclaimer,  correction,  or  explanation,  unless  the  patentee 
establishes  to  the  satisfaction  of  the  court  that  his  original  claim 
was  framed  in  good  faith  and  with  reasonable  skill  and  knowledge. 

COMPULSORY  LICENSES  AND  REVOCATION. 

24.  (1)  Any  person  interested  may  present  a  petition  to  the  Board 
of  Trade  alleging  that  the  reasonable  requirements  of  the  public  with 
respect  to  a  patented  invention  have  not  been  satisfied,  and  praying 
for  the  grant  of  a  compulsory  license,  or,  in  the  alternative,  for  the 
revocation  of  the  patent. 

(2)  The  Board  of  Trade  shall  consider  the  petition,  and  if  the  par- 
ties do  not  come  to  an  arrangement  between  themselves  the  Board  of 
Trade,  if  satisfied  that  a  prima  facie  case  has  been  made  out,  shall 
refer  the  petition  to  the  court,  and,  if  the  Board  are  not  so  satisfied, 
they  must  dismiss  the  petition. 

(3)  Where  any  such  petition  is  referred  by  the  Board  of  Trade  to 
the  court,  and  it  is  proved  to  the  satisfaction  of  the  court  that  the  rea- 
sonable requirements  of  the  public  with  reference  to  the  patented 
invention  have  not  been  satisfied,  the  patentee  may  be  ordered  by  the 
court  to  grant  licenses  on  such  terms  as  the  court  may  think  just,  or, 
if  the  court  is  of  opinion  that  the  reasonable  requirements  of  the  pub- 
lic will  not  be  satisfied  by  the  grant  of  licenses,  the  patent  may  be  re- 
voked by  order  of  the  court :  Provided,  That  an  order  of  revocation 
shall  not  be  made  before  the  expiration  of  three  years  from  the  date 
of  the  patent,  or  if  the  patentee  gives  satisf actor}-  reasons  for  his  de- 
fault. 

(4)  On  the  hearing  of  any  petition  under  this  section  the  patentee 
and  any  person  claiming  an  interest  in  the  patent  as  exclusive  licensee 
or  otherwise,  shall  be  made  parties  to  the  proceeding,  and  the  lawT 
officer  or  such  other  counsel  as  he  may  appoint  shall  be  entitled  to 
appear  and  be  heard. 

(5)  For  the  purposes  of  this  section  the  reasonable  requirements 
of  the  public  shall  not  be  deemed  to  have  been  satisfied — 

(a)  If  by  reason  of  the  default  of  the  patentee  to  manufacture  to 
an  adequate  extent  and  supply  on  reasonable  terms  the  patented 
article,  or  any  parts  thereof  which  are  necessary  for  its  efficient  work- 
ing, or  to  carry  on  the  patented  process  to  an  adequate  extent  or  to 
grant  licenses  on  reasonable  terms,  any  existing  trade  or  industry,  or 
the  establishment  of  any  new  trade  or  industry  in  the  United  King- 
dom is  unfairly  prejudiced,  or  the  demand  for  the  patented  article  or 
the  article  produced  by  the  patented  process  is  not  reasonably  met ;  or 

(b)  If  any  trade  or  industry  in  the  United  Kingdom  is  unfairly 
prejudiced  by  the  conditions  attached  by  the  patentee  before  or  after 


226  GREAT  BRITAIN. 

the  passing  of  this  Act  to  the  purchase,  hire,  or  use  of  the  patented 
article  or  to  the  using  or  working  of  the  patented  process. 

(6)  An  order  of  the  court  directing  the  grant  of  any  license  under 
this  section  shall,  without  prejudice  to  any  other  method  of  enforce- 
ment, operate  as  if  it  were  embodied  in  a  deed  granting  a  license  and 
made  between  the  parties  to  the  proceeding. 

Revocation  of  patent. 

25.  (1)  Revocation  of  a  patent  may  be  obtained  on  petition  to  the 
court. 

(2)  Every  ground  on  which — 

(a)  A  patent  might,  immediately  before  the  1st  day  of  January, 
1884,  have  been  repealed  by  scire  facias;  or 

(b)  A  patent  may  be  revoked  under  this  Act  either  by  the  comp- 
troller or  as  an  alternative  to  the  grant  of  a  compulsory  license; 
shall  be  available  by  way  of  defense  to  an  action  of  infringement  and 
shall  also  be  a  ground  of  revocation  under  this  section. 

(3)  A  petition  for  revocation  of  a  patent  may  be  presented— 

(a)  By  the  attorney  general  or  any  person  authorized  by  him :  or 

(b)  By  any  person  alleging — 

(i)  That  the  patent  was  obtained  in  fraud  of  his  rights,  or 
of  the  rights  of  any  person  under  or  through  whom  he  claims ;  or 

(ii)  That  he,  or  any  person  under  or  through  whom  he  claims, 
was  the  true  inventor  of  any  invention  included  in  the  claim  of 
the  patentee ;  or 

(iii)  That  he,  or  any  person  under  or  through  whom  he  claims 
an  interest  in  any  trade,  business,  or  manufacture,  had  publicly 
manufactured,  used,  or  sold,  within  this  realm,  before  the  date 
of  the  patent,  anything  claimed  by  the  patentee  as  his  invention. 

Power  of  comptroller  to  revoke  patents  on  certain  grounds. 

26.  (1)  Any  person  who  would  have  been  entitled  to  oppose  the 
grant  of  a  patent,  or  is  the  successor  in  interest  of  a  person  who  was 
so  entitled,  may,  within  two  years  from  the  date  of  the  patent,  in  the 
prescribed  manner  apply  to  the  comptroller  for  an  order  revoking  the 
patent  on  any  one  or  more  of  the  grounds  on  which  the  grant  of  the 
patent  might  have  been  opposed :  Provided,  That  when  an  action  for 
infringement  or  proceedings  for  the  revocation  of  the  patent  are 
pending  in  any  court,  an  application  under  this  section  shall  not  be 
made  except  with  the  leave  of  the  court. 

(2)  The  comptroller  shall  give  notice  of  the  application  to  the 
patentee,  and  after  hearing  the  parties,  if  desirous  of  being  heard, 
may  make  an  order  revoking  the  patent  or  requiring  the  specifica- 


GREAT  BRITAIN.  227 

tion  relating  thereto  to  be  amended  by  disclaimer,  correction,  or  ex- 
planation, or  dismissing  the  application;  but  the  comptroller  shall 
not  make  an  order  revoking  the  patent  unless  the  circumstances  are 
such  as  would  have  justified  him  in  refusing  to  grant  the  patent  had 
the  proceedings  been  proceedings  in  an  opposition  to  the  grant  of  a 
patent. 

(3)  A  patentee  may  at  any  time,  by  giving  notice  in  the  prescribed 
manner  to  the  comptroller,  offer  to  surrender  his  patent,  and  the 
comptroller  may,  if  after  giving  notice  of  the  offer  and  hearing  all 
parties  who  desire  to  be  heard  he  thinks  fit,  accept  the  offer,  and 
thereupon  make  an  order  for  the  revocation  of  the  patent. 

(4-)  Any  decision  of  the  comptroller  under  this  section  shall  be 
subject  to  appeal  to  the  court. 

Revocation  of  patents  worked  outside  the  United  Kingdom. 

27.  (1)  At  any  time  not  less  than  four  years  after  the  date  of  a 
patent  and  not  less  than  one  year  after  the  passing  of  this  Act,  any 
person  may  apply  to  the  comptroller  for  the  revocation  of  the  patent 
on  the  ground  that  the  patented  article  or  process  is  manufactured  or 
carried  on  exclusively  or  mainly  outside  the  United  Kingdom. 

(2)  The  comptroller  shall  consider  the  application,  and,  if  after 
inquiry  he  is  satisfied  that  the  allegations  contained  therein  are  cor- 
rect, then,  subject  to  the  provisions  of  this  section,  and  unless  the 
patentee  proves  that  the  patented  article  or  process  is  manufac- 
tured or  carried  on  to  an  adequate  extent  in  the  United  Kingdom,  or 
gives  satisfactory  reasons  why  the  article  or  process  is  not  so  manu- 
factured or  carried  on,  the  comptroller  may  make  an  order  revoking 
the  patent  either — 

(a]  Forthwith;  or 

(b)  After  such  reasonable  interval  as  may  be  specified  in  the  order, 
unless  in  the  meantime  it  is  shown  to  his  satisfaction  that  the  patented 
article  or  process  is  manufactured  or  carried  on  within  the  United 
Kingdom  to  an  adequate  extent. 

Provided,  That  no  such  order  shall  be  made  which  is  at  variance 
with  any  treaty,  convention,  arrangement,  or  engagement  with  any 
foreign  country  or  British  possession. 

(3)  If  within  the  time  limited  in  the  order  the  patented  article  or 
process  is  not  manufactured  or  carried  on  within  the  United  Kingdom 
to  an  adequate  extent,  but  the  patentee  gives  satisfactory  reasons  why 
it  is  not  so  manufactured  or  carried  on,  the  comptroller  may  extend 
the  period  mentioned  in  the  previous  order  for  such  period  not  exceed- 
ing twelve  months  as  may  be  specified  in  the  subsequent  order. 

(4)  Any  decision  of  the  comptroller  under  this  section  shall  be 
subject  to  appeal  to  the  court,  and  on  any  such  appeal  the  law  officer 


228  GREAT  BRITAIN. 

or  such  other  counsel  as  he  may  appoint  shall  be  entitled  to  appear 
and  be  heard. 

REGISTER    OF    PATENTS. 

28.  (1)  There  shall  be  kept  at  the  Patent  Office  a  book  called  the 
Register  of  Patents,  wherein  shall  be  entered  the  names  and  ad- 
dresses of  grantees  of  patents,  notifications  of  assignments  and  of 
transmissions  of  patents,  of  licenses  under  patents,  and  of  amend- 
ments, extensions,  and  revocations  of  patents,  and  such  other  matters 
affecting  the  validity  or  proprietorship  of  patents  as  may  be  pre- 
scribed. 

(2)  The  register  of  patents  existing  at  the  commencement  of  this 
Act  shall  be  incorporated  with  and  form  part  of  the  register  of  pat- 
ents under  this  Act. 

(3)  The  register  of  patents  shall  be  prima  facie  evidence  of  any 
matters  by  this  Act  directed  or  authorized  to  be  inserted  therein. 

(4)  Copies  of  deeds,  licenses,  and  any  other  documents  affecting 
the  proprietorship  in  any  letters  patent  or  in  any  license  thereunder, 
must  be  supplied  to  the  comptroller  in  the  prescribed  manner  for 
filing  in  the  Patent  Office. 

CROWN. 

Patent  to  bind  Crown. 

29.  A  patent  shall  have  to  all  intents  the  like  effect  as  against  His 
Majesty  the  King  as  it  has  against  a  subject:  Provided,  That  any 
Government  department  may,  by  themselves,  their  agents,  contractors, 
or  others,  at  any  time  after  the  application,  use  the  invention  for  the 
services  of  the  Crown  on  such  terms  as  may,  either  before  or  after  the 
use  thereof,  be  agreed  on,  with  the  approval  of  the  treasury,  between 
the  department  and  the  patentee,  or,  in  default  of  agreement,  as  may 
be  settled  by  the  treasury  after  hearing  all  parties  interested. 

Assignment  to  Secretary  for  War  or  the  Admiralty  of  certain 

inventions. 

30.  (1)  The  inventor  of  any  improvemeijt  in  instruments  or  muni- 
tions of  war  may  (either  for  or  without  valuable  consideration)  as- 
sign to  the  Secretary  of  State  for  War  or  the  Admiralty  on  behalf  of 
His  Majesty  all  the  benefit  of  the  invention  and  of  any  patent  ob- 
tained or  to  be  obtained  for  the  invention ;  and  the  Secretary  of  State 
or  the  Admiralty  may  be  a  party  to  the  assignment. 

(2)  The  assignment  shall  effectually  vest  the  benefit  of  the  inven- 
tion and  patent  in  the  Secretary  of  State  or  the  Admiralty  on  behalf 


GREAT  BRITAIN.  229 

of  His  Majesty,  and  all  covenants  and  agreements  therein  contained 
for  keeping  the  invention  secret  and  otherwise  shall  be  valid  and 
effectual  (notwithstanding  any  want  of  valuable  consideration),  and 
may  be  enforced  accordingly  by  the  Secretary  of  State  or  the  Ad- 
miralty. 

(3)  Where  any  such  assignment  has  been  made,  the  Secretary  of 
State  or  the  Admiralty  may  at  any  time  before  the  publication  of  the 
complete  specification  certify  to  the  comptroller  that,  in  the  interest 
of  the  public  service,  the  particulars  of  the  invention  and  of  the 
manner  in  which  it  is  to  be  performed  should  be  kept  secret. 

(4)  If  the  Secretary  of  State  or  the  Admiralty  so  certify,  the  appli- 
cation and  specifications,  with  the  drawings  (if  any),  and  any  amend- 
ment of  the  complete  specification,  and  any  copies  of  such  documents 
and  drawings  shall,  instead  of  being  left  in  the  ordinary  manner  at 
the  Patent  Office,  be  delivered  to  the  comptroller  in  a  packet  sealed 
by  authority  of  the  Secretary  of  State  or  the  Admiralty. 

(5)  The  packet  shall,  until  the  expiration  of  the  term  during  which 
a  patent  for  the  invention  may  be  in  force,  be  kept  sealed  by  the 
comptroller,  and  shall  not  be  opened  save  under  the  authority  of  an 
order  of  the  Secretary  of  State  or  the  Admiralty  or  of  the  law  officer. 

^6)  The  sealed  packet  shall  be  delivered  at  any  time  during  the 
continuance  of  the  patent  to  any  person  authorized  by  the  Secretary 
of  State  or  the  Admiralty  to  receive  it,  and  shall  if  returned  to  the 
comptroller  be  again  kept  sealed  by  him. 

(7)  On  the  expiration  of  the  term  of  the  patent,  the  sealed  packet 
shall  be  delivered  to  the  Secretary  of  State  or  the  Admiralty. 

(8)  Where  the  Secretary  of  State  or  the  Admiralty  certify  as  afore- 
said, after  an  application  for  a  patent  has  been  left  at  the  Patent  Office 
but  before  the  publication  of  the  complete  specification,  the  applica- 
tion arid  specifications,  with  the  drawings  (if  any), shall  be  forthwith 
placed  in  a  packet  sealed  by  authority  of  the  comptroller,  and  the 
packet  shall  be  subject  to  the  foregoing  provisions  respecting  a  packet 
sealed  by  authority  of  the  Secretary  of  State  or  the  Admiralty. 

(9)  No  proceeding  by  petition  or  otherwise  shall  lie  for  revocation 
of  a  patent  granted  for  an  invention  in  relation  to  which  a  certificate 
has  been  given  by  the  Secretary  of  State  or  the  Admiralty  as  afore- 
said. 

(10)  No  copy  of  any  specification  or  other  document  or  drawing, 
by  this  section  required  to  be  placed  in  a  sealed  packet,  shall  in  any 
manner  whatever  be  published  or  open  to  the  inspection   of  the 
public,  but,  save  as  in  this  section  otherwise  directed,  the  provisions 
of  this  Act  shall  apply  in  respect  of  any  such  invention  and  patent 
as  aforesaid. 

(11)  The  Secretary  of  State  'or  the  Admiralty  may  at  any  time 
waive   the   benefit  of  this   section   with   respect  to   any   particular 


230  GBEAT  BBITAIN. 

invention,  and  the  specifications,  documents,  and  drawings  shall  be 
thenceforth  kept  and  dealt  with  in  the  ordinary  way. 

(12)  The  communication  of  any  invention  for  any  improvement 
in  instruments  or  munitions  of  war  to  the  Secretary  of  State  or  the 
Admiralty,  or  to  any  person  or  persons  authorized  by  the  Secretary 
of  State  or  the  Admiralty  to  investigate  the  same  or  the  merits 
thereof,  shall  not,  nor  shall  anything  done  for  the  purposes  of  the 
investigation,  be  deemed  use  or  publication  of  such  invention  so  as 
to  prejudice  the  grant  or  validity  of  any  patent  for  the  same. 

(13)  Rules  may  be  made  under  this  Act,  after  consultation  with 
the  Secretary  of  State  and  the  Admiralty,  for  the  purpose  of  insuring 
secrecy  with  respect  to  patents  to  which  this  section  applies,  and 
those  rules  may  modify  any  of  the  provisions  of  this  Act  in  their 
application  to  such  patents  as  aforesaid  so  far  as  may  appear  neces- 
sary for  the  purpose  aforesaid. 

LEGAL  PROCEEDINGS. 

Hearing  with  assessor. 

31.  (1)  In  an  action  or  proceeding  for  infringement  or  revocation 
of  a  patent,  the  court  may,  if  it  think  fit,  and  shall  on  the  request  of 
either  of  the  parties  to  the  proceeding,  call  in  the  aid  of  an  assessor 
specially  qualified,  and  try  the  case  wholly  or  partially  with  his 
assistance;  the  action  shall  be  tried  without  a  jury  unless  the  court 
otherwise  directs. 

(2)  The  Court  of  Appeal  may,  if  they  think  fit,  in  any  proceeding 
before  them,  call  in  the  aid  of  an  assessor  as  aforesaid. 

(3)  The  remuneration,  if  any,  to  be  paid  to  an  assessor  under  this 
section  shall  be  determined  by  the  court  or  the  Court  of  Appeal,  as 
the  case  may  be,  and  be  paid  as  part  of  the  expenses  of  the  execution 
of  this  Act. 

Power  to  counterclaim  for  revocation  in  an  action  for  infringement. 

32.  A  defendant  in  an  action  for  infringement  of  a  patent,  if  enti- 
tled to  present  a  petition  to  the  court  for  the  revocation  of  the  patent, 
may,  without  presenting  such  a  petition,  apply  in  accordance  with 
the  rules  of  the  Supreme  Court  by  way  of  counterclaim  in  the  action 
for  the  revocation  of  the  patent. 

Exemption  of  innocent  inf  ringer  from,  liability  for  damages. 

33.  A  patentee  shall  not  be  entitled  to  recover  any  damages  in 
respect  of  any  infringement  of  a  patent  granted  after  the  commence- 
ment of  this  Act  from  anv  defendant  who  proves  that  at  the  date  of 


GREAT  BRITAIN.  231 

the  infringement  he  was  not  aware,  nor  had  reasonable  means  of 
making  himself  aware,  of  the  existence  of  the  patent,  and  the  marking 
of  an  article  with  the  word  "patent,"  "patented,"  or  any  word  or 
words  expressing  or  implying  that  a  patent  has  been  obtained  for  the 
article,  stamped,  engraved,  impressed  on,  or  otherwise  applied  to  the 
article,  shall  not  be  deemed  to  constitute  notice  of  the  existence  of  the 
patent  unless  the  word  or  words  are  accompanied  by  the  year  and 
number  of  the  patent:  Provided,  That  nothing  in  this  section  shall 
affect  any  proceedings  for  an  injunction. 

Order  for  inspection,  etc.,  in  action. 

34.  In  an  action  for  infringement  of  a  patent  the  court  may,  on 
the  application  of  either  party,  make  such  order  for  an  injunction 
inspection  or  account,  and  impose  such  terms  and  give  such  directions 
respecting  the  same  and  the  proceedings  thereon  as  the  court  may 
see  fit. 

Certificate  of  validity  questioned  and  costs  thereon. 

35.  In  an  action  for  infringement  of  a  patent,  the  court  may  certify 
that  the  validity  of  the  patent  came  in  question ;  and,  if  the  court  so 
certifies,  then  in  any  subsequent  action  for  infringement  the  plaintiff 
in  that  action  on  obtaining  a  final  order  or  judgment  in  his  favor 
shall,  unless  the  court  trying  the  action  otherwise  directs,  have  his 
lull  costs,  charges,  and  expenses  as  between  solicitor  and  client. 

Remedy  in  case  of  groundless  threats  of  legal  proceedings. 

36.  Where  any  person  claiming  to  be  the  patentee  of  an  invention, 
toy  circulars,  advertisements,  or  otherwise,  threatens  any  other  person 
with  any  legal  proceedings  or  liability  in  respect  of  any  alleged  in- 
fringement of  the  patent,  any  person  aggrieved  thereby  may  bring 
an  action  against  him,  and  may  obtain  an  injunction  against  the 
continuance  of  such  threats,  and  may  recover  such  damage  (if  any) 
as  he  has  sustained  thereby,  if  the  alleged  'infringement  to  which  the 
threats  related  was  not  in  fact  an  infringement  of  any  legal  rights 
•of  the  person  making  such  threats :  Provided,  That  this  section  shall 
not  apply  if  the  person  making  such  threats  with  due  diligence  com- 
mences and  prosecutes  an  action  for  infringement  of  his  patent. 

MlSCELLAN  EOUS. 

Grant  of  patents  to  two  or  more  persons. 

37.  Where,  after  the  commencement  of  this  Act,  a  patent  is  granted 
:to  two  or  more  persons  jointly,  they  shall,  unless  otherwise  specified 


232  GREAT  BRITAIN. 

in  the  patent,  be  treated  for  the  purpose  of  the  devolution  of  the 
legal  interest  therein  as  joint  tenants,  but,  subject  to  any  contract  to 
the  contrary,  each  of  such  persons  shall  be  entitled  to  use  the  inven- 
tion for  his  own  profit  without  accounting  to  the  others,  but  shall  not 
be  entitled  to  grant  a  license  without  their  consent,  and,  if  any  such 
person  dies,  his  beneficial  interest  in  the  patent  shall  devolve  on  his 
personal  representatives  as  part  of  his  personal  estate. 

Avoidance  of  certain  conditions  attached  to  the  sale,  etc.,  of  patented 

articles. 

38.  (1)  It  shall  not  be  lawful  in  any  contract  made  after  the  pass- 
ing of  this  Act  in  relation  to  the  sale  or  lease  of,  or  license  to  use  or 
work,  any  article  or  process  protected  by  a  patent  to  insert  a  condi- 
tion the  effect  of  which  will  be — 

(a)  To  prohibit  or  restrict  the  purchaser,  lessee,  or  licensee  from 
using  any  article  or  class  of  articles,  whether  patented  or  not,  or  any 
patented  process,  supplied  or  owned  by  any  person  other  than  the 
seller,  lessor,  or  licensor  or  his  nominees ;  or 

(b)  To  require  the  purchaser,  lessee,  or  Jicensee  to  acquire  from  the 
seller,  lessor,  or  licensor,  or  his  nominees,  any  article  or  class  of 
articles  not  protected  by  the  patent; 

and  any  such  condition  shall  be  null  and  void,  as  being  in  restraint 
of  trade  and  contrary  to  public  policy :  Provided,  That  this  sub- 
section shall  not  apply  if— 

(1)  The  seller,  lessor,  or  licensor  proves  that  at  the  time  the  con- 
tract was  entered  into  the  purchaser,  lessee,  or  licensee  had  the  option 
of  purchasing  the  article  err  obtaining  a  lease  or  license  on  reasonable 
terms,  without  such  conditions  as  aforesaid;  and 

(ii)  The  contract  entitles  the  purchaser,  lessee,  or  licensee  to  re- 
lieve himself  of  his  liability  to  observe  any  such  condition  on  giving 
the  other  party  three  months'  notice  in  writing  and  on  payment  in 
compensation  for  such  relief  in  the  case  of  a  purchase  of  such  sum, 
or  in  the  case  of  a  lease  or  license  of  such  rent  or  royalty  for  the 
residue  of  the  term  of  the  contract,  as  may  be  fixed  by  an  arbitrator 
appointed  by  the  Board  of  Trade. 

(2)  Any  contract  relating  to  the  lease  of  or  license  to  use  or  work 
any  patented  article  or  patented  process,  whether  made  before  or 
after  the  passing  of  this  Act,  may  at  any  time  after  the  patent  or  all 
the  patents  by  which  the  article  or  process  was  protected  at  the  time 
of  the  making  of  the  contract  has  or  have  ceased  to  be  in  force,  and 
notwithstanding  anything  in  the  same  or  in  any  other  contract  to 
the  contrary,  be  determined  by  either  party  on  giving  three  months' 
notice  in  writing  to  the  other  party ;  but  where  any  such  notice  is 
given  determining  any  contract  made  before  the  passing  of  this  Act, 


GREAT   BRITAIN.  2  (So 

the  party  giving  the  notice  shall  be  liable  to  pay  such  compensation 
as,  failing  agreement,  may  be  awarded  by  an  arbitrator  appointed  by 
the  Board  of  Trade. 

(3)  Any  contract  made  before  the  passing  of  this  Act  relating  to 
the  lease  of  or  license  to  use  or  work  any  patented  article  or  process 
and  containing  any  condition  which,  had  the  contract  been  made  after 
the  passing  of  this  Act,  would  by  virtue  of  this  section  have  been  null 
and  void  may,  at  any  time  before  the  contract  is  determinable  under 
the  last  preceding  subsection,  and  notwithstanding  anything  in  the 
same  or  any  other  contract  to  the  contrary,  be  determined  by  either 
party  on  giving  three  months'  notice  in  writing  to  the  other  party, 
but  where  any  such  notice  is  given  the  party  giving  the  notice  shall 
be  liable  to  pay  such  compensation  as,  failing  agreement,  may  be 
awarded  by  an  arbitrator  appointed  by  the  Board  of  Trade. 

(4)  The  insertion  by  the  patentee  in  a  contract  made  after  the 
passing  of  this  Act  of  any  condition  which  by  virtue  of  this  section 
is  null  and  void  shall  be  available  as  a  defense  to  an  action  for  in- 
fringement of  the  patent  to  which  the  contract  relates  brought  while 
that  contract  is  in  force. 

(5)  Nothing  in  this  section  shall — 

(a)  Affect  any  condition  in  a  contract  whereby  a  person  is  pro- 
hibited from  selling  any  goods  other  than  those  of  a  particular 
person;  or 

(b)  Be  construed  as  validating  any  contract  which  would,  apart 
from  this  section,  be  invalid;  or 

(c)  Affect  any  right  of  determining  a  contract  or  condition  in  a 
contract  exercisable  independently  of  this  section ;  or 

(d)  Affect  any  condition  in  a  contract  for  the  lease  of  or  license 
to  use  a  patented  article  whereby  the  lessor  or  licensor  reserves  to 
himself  or  his  nominees  the  right  to  supply  such  new  parts  of  the 
patented  article  as  may  be  required  to  put  or  keep  it  in  repair. 

Costs  and  security  for  costs. 

39.  (1)  The  comptroller  shall,  in  proceedings  relating  to  an  oppo- 
sition to  the  grant  of  a  patent  or  to  an  application  for  the  amend- 
ment of  a  specification  or  the  revocation  of  a  patent,  have  power  by 
order  to  award  to  any  party  such  costs  as  he  may  consider  reasonable, 
and  to  direct  how  and  by  what  parties  they  are  to  be  paid,  and  any 
such  order  may  be  made  a  rule  of  the  court. 

(2)  If  a  party  giving  notice  of  opposition  to  the  grant  of  a  patent 
or  to  the  amendment  of  a  specification,  or  applying  to  the  comptroller 
for  the  revocation  of  a  patent,  or  giving  notice  of  appeal  from  any 
decision  of  the  comptroller,  neither  resides  nor  carries  on  business  in 
the  United  Kingdom  or  the  Isle  of  Man,  the  comptroller,  or,  in  case 


234  GREAT  EE1TAIX. 

of  appeal  to  the  law  officer,  the  law  officer  may  require  such  party 
to  give  security  for  costs  of  the  proceedings  or  appeal,  and  in  default 
of  such  security  being  given  may  treat  the  proceedings  or  appeal  as 
abandoned. 

Procedure  on  appeal  to  law  officer. 

40.  The  law  officer  may  examine  witnesses  on  oath  and  administer 
oaths  for  that  purpose,  and  may  make  rules  regulating  references 
and  appeals  to  the  law  officer  and  the  practice  and  procedure  before 
him  under  this  part  of  this  Act;  and  in  any  proceeding  before  the 
law  officer  under  this  part  of  this  Act  the  law  officer  may  order  costs 
to  be  paid  by  either  party,  and  any  such  order  may  be  made  a  rule 
of  the  court. 

Provisions  as  to  anticipation. 

41.  (1)  An  invention  covered  by  any  patent  applied   for  on  or 
after  the  1st  day  of  January,  1905,  shall  not  be  deemed  to  have  been 
anticipated  by  reason  only  of  its  publication  in  a  specification  left 
pursuant  to  an  application  made  in  the  United  Kingdom  not  less 
than  fifty  years  before  the  date  of  the  application  for  the  patent,  or 
of  its  publication  in  a  provisional  specification  of  any  date  not 
followed  by  a  complete  specification. 

(2)  A  patent  shall  not  be  held  to  be  invalid  by  reason  only  of  the 
invention  in  respect  of  wrhich  the  patent  was  granted,  or  any  part 
thereof,  having  been  published  prior  to  the  date  of  the  patent,  if  the 
patentee  proves  to  the  satisfaction  of  the  court  that  the  publication 
was  made  without  his  knowledge  and  consent,  and  that  the  matter 
published  was  derived  or  obtained  from  him,  and,  if  he  learned  of  the 
publication  before  the  date  of  his  application  for  the  patent,  that  he 
applied  for  and  obtained  protection  for  his  invention  with  all  reason- 
able diligence  after  learning  of  the  publication. 

Disconformity. 

42.  A  patent  shall  not  be  held  to  be  invalid  on  the  ground  that  the 
complete  specification  claims  a  further  or  different  invention  to  that 
contained  in  the  provisional,  if  the  invention  therein  claimed,  so  far 
as  it  is  not  contained  in  the  provisional,  was  novel  at  the  date  when 
the  complete  specification  was  put  in,  and  the  applicant  was  the  first 
and  true  inventor  thereof. 

Patent  on  application  of  representative  of  deceased  inventor. 

43.  (1)  If  the  person  claiming  to  be  inventor  of  an  invention  dies 
without  making  an  application  for  a  patent  for  the  invention,  appli- 


GREAT   BRITAIN.  235 

cation  may  be  made  by,  and  a  patent  for  the  invention  granted  to, 
his  legal  representative. 

(2)  Every  such  application  must  contain  a  declaration  by  the  legal 
representative  that  he  believes  him  to  be  the  true  and  first  inventor 
of  the  invention. 

Loss  or  destruction  of  patent. 

44.  If  a  patent  is  lost  or  destroyed  or  its  non- production  is  ac- 
counted for  to  the  satisfaction  of  the  comptroller,  the  comptroller 
may  at  any  time  seal  a  duplicate  thereof. 

Provisions  as  to  exhibitions. 

45.  (1)  The  exhibition  of  an  invention  at  an  industrial  or  inter- 
national exhibition,  certified  as  such  by  the  Board  of  Trade,  or  the 
publication  of  any  description  of  the  invention  during  the  period  of 
the  holding  of  the  exhibition,  or  the  use  of  the  invention  for  the  pur- 
pose of  the  exhibition  in  the  place  where  the  exhibition  is  held,  or  the 
use  of  the  invention  during  the  period  of  the  holding  of  the  exhibi- 
tion by  any  person  elsewhere,  without  the  privity  or  consent  of  the 
inventor,  shall  not  prejudice  the  right  of  the  inventor  to  apply  for 
and  obtain  a  patent  in  respect  of  the  invention  or  the  validity  of  any 
patent  granted  on  the  application,  provided  that — 

(a)  The  exhibitor,  before  exhibiting  the  invention,  gives  the  comp- 
troller the  prescribed  notice  of  his  intention  to  do  so ;  and 

(b)  The  application  for  a  patent  is  made  before  or  within  six 
months  from  the  date  of  the  opening  of  the  exhibition. 

(2)  His  Majesty  may  by  Order  in  Council  apply  this  section  to  any 
exhibition  mentioned  in  the  Order  in  like  manner  as  if  it  were  an 
industrial  or  international  exhibition  certified  as  such  by  the  Board  of 
Trade,  and  any  such  Order  may  provide  that  the  exhibitor  shall  be 
relieved  from  the  condition  of  giving  notice  to  the  comptroller  of  his 
intention  to  exhibit,  and  shall  be  so  relieved  either  absolutely  or  upon 
such  terms  and  conditions  as  may  be  stated  in  the  Order. 

Patent  Museum. 

46.  (1)  The  comptroller  shall  issue  periodically  an  illustrated  jour- 
nal of  patented  inventions,  as  well  as  reports  of  patent  cases  decided 
by  courts  of  law,  and  any  other  information  that  he  may  deem  gen- 
erally useful  or  important. 

(2)  Provision  shall  be  made  by  the  comptrolled  for  keeping  on 
sale  copies  of  such  journal,  and  also  of  all  complete  specifications  of 
patents  in  force,  with  any  accompanying  drawings. 

(3)  The  comptroller  shall  continue,  in  such  forms  as  he  deems  ex- 
pedient, the  indexes  and  abridgments  of  specifications  hitherto  pub- 


236  GREAT  BRITAIN. 

lished,  and  shall  prepare  and  publish  such  other  indexes,  abridgments 
of  specifications,  catalogues,  and  other  works  relating  to  inventions 
as  he  thinks  fit. 

Patent  Museum. 

47.  (1)   The  control  and  management  of  the  Patent  Museum  and 
its  contents  shall  remain  vested  in  the  Board  of  Education,  subject  to 
such  directions  as  His  Majesty  in  Council  may  think  fit  to  give. 

(2)  The  Board  of  Education  may  at  any  time  require  a  patentee  to 
furnish  them  with  a  model  of  his  invention  on  payment  to  the  pat- 
entee of  the  cost  of  the  manufacture  of  the  model,  the  amount  to  be 
settled  in  case  of  dispute,  by  the  Board  of  Trade. 

Foreign  vessels  in  British  waters. 

48.  (1)  A  patent  shall  not  prevent  the  use  of  an  invention  for  the 
purposes  of  the  navigation  of  a  foreign  vessel  within  the  jurisdiction 
of  any  of  His  Majesty's  courts  in  the  United  Kingdom,  or  Isle  of 
Man,  or  the  use  of  an  invention  in  a  foreign  vessel  within  that  juris- 
diction, provided  it  is  not  used  therein  for  or  in  connection  with  the 
manufacture  or  preparation  of  anything  intended  to  be  sold  in  or 
exported  from  the  United  Kingdom  or  Isle  of  Man. 

(2)  This  section  shall  not  extend  to  vessels  of  any  foreign  State  of 
which  the  laws  do  not  confer  corresponding  rights  with  respect  to  the 
use  of  inventions  in  British  vessels  while  in  the  ports  of  that  State 
or  in  the  waters  within  the  jurisdiction  of  its  courts. 

PART  III. — GENERAL. 

PATENT  OFFICE   AND   PROCEEDINGS   THEREAT. 

Patent  Office,  5  Ed  HI.  7',  c.  15. 

62.  (1)  The  treasury  may  continue  to  provide  for  the  purposes 
of  this  Act  and  the  Trade-Marks  Act,  1905,  an  office  with  all  requisite 
buildings  and  conveniences,  which  shall  be  called,  and  is  in  this  Act 
referred  to  as.  the  Patent  Office. 

(2)  The  Patent  Office  shall  be  under  the  immediate  control  of  the 
comptroller,  who  shall  act  under  the  superintendence  and  direction  of 
the  Board  of  Trade. 

(3)  Any  act  or  thing  directed  to  be  done  by  or  to  the  comptroller 
may  be  done  by  or  to  any  officer  authorized  by  £he  Board  of  Trade. 

(4)  Rules  under  this  Act  may  provide  for  the  establishment  of 
branch  offices  for  designs  at  Manchester  or  elsewhere,  and  for  any 
document  or  thing  required  by  this  Act  to  be  sent  to  or  clone  at  th<r 


GREAT   BRIT AI X .  237 

Patent  Office  being  sent  to  or  clone  at  any  branch  office  which  may  be 
established. 

Officers  and  clerks. 

63.  (1)   There  shall  continue  to  be  a  comptroller  general  of  patents, 
designs,  and  trade-marks,  and  the  Board  of  Trade  may,  subject  to  the 
approval  of  the  treasury,  appoint  the  comptroller,  and  so  many  ex- 
aminers and  other  officers  and  clerks,  with  such  designations  and 
duties  as  the  Board  of  Trade  think  fit,  and  may  remove  any  of  those 
officers  and  clerks. 

(2)  The  salaries  of  those  officers  and  clerks  shall  be  appointed  by 
the  Board  of  Trade,  with  the  concurrence  of  the  treasury,  and  those 
salaries  and  the  other  expenses  of  the  execution  of  this  Act  and  the 
Trade-Marks  Act,  1905,  shall  continue  to  be  paid  out  of  money  pro- 
vided by  Parliament. 

Seal  of  patent  office. 

64.  Impressions  of  the  seal  of  the  Patent  Office  shall  be  judicially 
noticed  and  admitted  in  evidence. 

FEES. 

65.  There  shall  be  paid  in  respect  of  the  grant  of  patents  and  the 
registration  of  designs  and  applications  therefor,  and  in  respect  of 
other  matters  with  relation  to  patents  and  designs  under  this  Act,  such 
fees  as  may  be,  with  the  sanction  of  the  treasury,  prescribed  by  the 
Board  of  Trade,  so,  however,  that  the  fees  prescribed  in  respect  of  the 
instruments  and  matters  mentioned  in  the  first  schedule  to  this  Act 
shall  not  exceed  those  specified  in  that  schedule. 

PROVISIONS   AS   TO  REGISTERS   AND  OTHER  DOCUMENTS   IN    FATENT   OFFICE. 

Trust  not  to  be  entered  in  registers. 

66.  There  shall  not  be  entered  in  any  register  kept  under  this  Act, 
or  be  receivable  by  the  comptroller,  any  notice  of  any  trust  expressed, 
implied,  or  constructive. 

Inspection  of  and  extracts  from  registers. 

67.  Every  register  kept  under  this  Act  shall  at  all  convenient  times 
be  open  to  the  inspection  of  the  public,  subject  to  the  provisions  of 
this  Act  and  to  such  regulations  as  may  be  prescribed ;  and  certified 
copies,  sealed  with  the  seal  of  the  Patent  Office,  of  any  entry  in  any 


238  GREAT  BRITAIN. 

such  register  shall  be  given  to  any  person  requiring  the  same  on  pay- 
ment of  the  prescribed  fee. 

Privilege  of  reports  of  examiners. 

68.  Reports  of  examiners  made  under  this  Act  shall  not  in  any  case 
be  published  or  be  open  to  public  inspection,  and  shall  not  be  liable 
to  production  or  inspection  in  any  legal  proceeding  unless  the  court 
or  officer  having  power  to  order  discovery  in  such  legal  proceeding 
certifies  that  such  production  or  inspection  is  desirable  in  the  interests 
of  justice,  and  ought  to  be  allowed. 

Prohibition  of  publication  of  specification,   drawings,  etc.,  where 
application  abandoned,  etc. 

69.  (1)   Where  an  application  for  a  patent  has  been  abandoned,  or 
become  void,  the  specifications  and  drawings  (if  any)  accompanying 
or  left  in  connection  with  such  application,  shall  not,  save  as  otherwise 
expressly  provided  by  this  Act,  at  any  time  be  open  to  public  inspec- 
tion or  be  published  by  the  comptroller. 

******* 

Power  for  comptroller  to  correct  clerical  errors. 

70.  The  comptroller  may,  on  request  in  writing  accompanied  by 
the  prescribed  fee — 

(a)  Correct  any  clerical  error  in  or  in  connection  with  an  appli- 
cation for  a  patent  or  in  any  patent  or  any  specification. 

*  *  *  *  *  *  * 

(c)  Correct  any  clerical  error  in  *  *  *  the  name  or  address 
of  the  proprietor  of  any  patent  *  *  *  or  in  any  other  matter 
which  is  entered  upon  the  register  of  patents.  *  *  * 

Entry  of  assignments  and  transmissions  in  registers. 

71.  (1)  Where  a  person  becomes  entitled  by  assignment,  trans- 
mission, or  other  operation  of  law  to  a  patent    *     *          the  comp- 
troller shall,  on  request  and  on  proof  of  title  to  his  satisfaction,  regis- 
ter him  as  the  proprietor  of  a  patent.    *     *     * 

(2)  Where  any  person  becomes  entitled  as  mortgagee,  licensee,  or 
otherwise  to  any  interest  in  a  patent    *     *     *    the  comptroller  shall, 
on  request  and  on  proof  of  title  to  his  satisfaction,  cause  notice  of 
the  interest  to  be  entered  in  the  prescribed  manner  in  the  register  of 
patents    *     *     *     as  the  case  may  be. 

(3)  The  person  registered  as  the  proprietor  of  a  patent 

shall,  subject  .to  the  provisions  of  this  Act  and  to  any  rights  appear- 


GREAT  BRITAIN.  239' 

ing  from  the  register  to  be  vested  in  any  other  person,  have  power 
absolutely  to  assign,  grant  licenses  as  to,  or  otherwise  deal  with,  the 
patent  and  to  give  effectual  receipts  for  any  consideration 

for  any  such  assignment,  license  or  dealing:  Provided,  That  any 
equities  in  respect  of  the  patent  *  may  be  enforced  in  like 

manner  as  in  respect  of  any  other  personal  property. 

Rectification  of  registers  ~by  court. 

72.  (1)  The  court  may,  on  the  application  in  the  prescribed  man- 
ner of  any  person  aggrieved  by  the  non-insertion  in  or  omission  from 
the  register  of  patents    *     *     *    of  any  entry,  or  by  any  entry  made 
in  either  such  register  without  sufficient  cause,  or  by   any   entry 
wrongly  remaining  on  either  such  register,  or  by  an  error  or  defect 
in  any  entry  in  either  such  register,  make  such  order  for  making,  ex- 
punging, or  varying  such  entry  as  it  may  think  fit. 

(2)  The  court  may  in  any  proceeding  under  this  section  decide 
any  question  that  it  may  be  necessary  or  expedient  to  decide  in  con- 
nection with  the  rectification  of  a  register. 

(3)  The  prescribed  notice  of  any  application  under  this  section; 
shall  be  given  to  the  comptroller,  who  shall  have  the  right  to  appear 
and  be  heard  thereon,  and  shall  appear  if  so  directed  by  the  court. 

(4)  Any  order  of  the  court  rectifying  a  register  shall  direct  that 
notice  of  the  rectification  be  served  on  the  comptroller  in  the  pre- 
scribed manner,  who  shall  upon  the  receipt  of  such  notice  rectify  the 
register  accordingly. 

POWERS  AND  DUTIES  OF  COMPTROLLER. 

Exercise  of  discretionary  power  by  comptroller. 

73.  Where  any  discretionary  power  is  by  or  under  this  Act  given 
to  the  comptroller,  he  shall  not  exercise  that  power  adversely  to  the 
applicant  for  a  patent,  or  for  amendment  of  a  specification    *     * 
without  (if  so  required  within  the  prescribed  time  by  the  applicant) 
giving  the  applicant  an  opportunity  of  being  heard. 

Power  of  comptroller  to  take  directions  of  law  officers. 

74.  The  comptroller  may,  in  any  case  of  doubt  or  difficulty  arising 
in  the  administration  of  any  of  the  provisions  of  this  Act,  apply  to 
a  law  officer  for  directions  in  the  matter. 

Refusal  to  grant  patent,  etc.,  in  certain  cases. 

75.  The  comptroller  may  refuse  to  grant  a  patent  for  an  invention- 

*    of  which  the  use  would,  in  his  opinion,  be  contrary  to  law 
or  morality. 

93169 — 19 10 


240  GREAT  BRITAIN. 

Annual  reports  of  comptroller. 

76.  The  comptroller  shall,  before  the  1st  day  of  June  in  every  year, 
cause  a  report  respecting  the  execution  by  or  under  him  of  this  Act  to 
be  laid  before  both  Houses  of  Parliament,  and  therein  shall  include 
for  the  year  to  which  the  report  relates  all  general  rules  made  in  that 
year  under  or  for  the  purposes  of  this  Act,  and  on  account  of  all  fees, 
salaries,  and  allowances,  and  other  money  received  and  paid  under 
this  Act. 

EVIDENCE,  ETC. 

Evidence  before  comptroller. 

77.  (1)   Subject  to  rules  under  this  Act  in  any  proceeding  under 
this  Act  before  the  comptroller  the  evidence  shall  be  given  by  statutory 
declaration  in  the  absence  of  directions  to  the  contrary:  but  in  any 
case  in  which  the  comptroller  thinks  it  right  so  to  do,  he  may  take 
evidence  viva  voce  in  lieu  of  or  in  addition  to  evidence  by  declaration 
or  allow  any  declarant  to  be  cross-examined  on  his  declaration.    Any 
such  statutory  declaration  may  in  the  case  of  appeal  be  used  before 
the  court  in  lieu  of  evidence  by  affidavit,  but  if  so  used  shall  have  all 
the  incidents  and  consequences  of  evidence  by  affidavit. 

(2)  In  case  any  part  of  the  evidence  is  taken  viva  voce,  the  comp- 
troller shall,  in  respect  of  requiring  the  attendance  of  witnesses  and 
taking  evidence  on  oath,  be  in  the  same  position  in  all  respects  as  an 
official  referee  of  the  Supreme  Court. 

Certificate  of  comptroller  to  be  evidence. 

78.  A  certificate  purporting  to  be  under  the  hand  .of  the  comptroller 
as  to  any  entry,  matter,  or  thing  which  he  is  authorized  by  this  Act, 
or  any  general  rules  made  thereunder..,  to  make  or  do,  shall  be  prima 
fade  evidence  of  the  entry  having  been  made,  and  of  the  contents 
thereof,  and  of  the  matter  or  thing  having  been  done  or  left  undone. 

Evidence  of  documents  in  Patent  Office. 

79.  Printed  or  written  copies  or  extracts,  purporting  to  be  certified 
by  the  comptroller  and  sealed  with  the  seal  of  the  Patent  Office,  of  or 
from  .patents,  specifications,  and  other  documents  in  the  Patent  Office, 
and  of  or  from  registers  and  other  books  kept  there,  shall  be  admitted 
in  evidence  in  all  courts  in  His  Majesty's  dominions,  and  in  all  pro- 
ceedings, without  further  proof  or  production  of  the  originals. 


GREAT  BRITAIN.  241 

Transmission  of  certified  printed  copies  of  specifications,  etc. 

80.  (1)   Copies  of  all  specifications,  drawings,  and  amendments 
left  at  the  Patent  Office  after  the  commencement  of  this  Act,  printed 
for  nnd  sealed  with  the  seal  of  the  Patent  Office,  shall  be  transmitted 
to  the  Edinburgh  Museum  of  Science  and  Art,  and  to  the  Enroll- 
ments Office  of  the  Chancery  Division  in  Ireland,  and  to  the  Rolls 
Office  in  the  Isle  of  Man,  within  twenty-one  days  after  they  have 
been  accepted  or  allowed  at  the  Patent  Office. 

(2)  Certified  copies  of  or  extracts  from  any  such  documents  and  of 
any  documents  so  transmitted  in  pursuance  of  any  enactment  repealed 
by  this  Act  shall  be  given  to  any  person  on  payment  of  the  prescribed 
fee;  and  any  such  copy  or  extract  shall  be  admitted  in  evidence  in  all 
courts  in  Scotland  and  Ireland  and  in  the  Isle  of  Man  without  further 
proof  or  production  of  the  originals. 

Applications  and  notices  by  post. 

81.  Any  application,  notice,  or  other  document  authorized  or  re- 
quired to  be  left,  made,  or  given  at  the  Patent  Office  or  to  the  comp- 
troller, or  to  any  other  person  under  this  Act,  may  be  sent  by  post. 

Excluded  days. 

82.  Where  the  last  day  fixed  by  this  Act  for  doing  anything  under 
this  Act  falls  on  any  day  specified  in  rules  under  this  Act  as  an  ex- 
cluded day,  the  rules  may  provide  for  the  thing  being  done  on  the 
next  following  day  not  being  an  excluded  day. 

Declaration  &//  infant,  lunatic,  etc. 

83.  (1)  If  any  person  is,  by  reason  of  infancy,  lunacy,  or  other  dis- 
ability, incapable  of  making  any  declaration  or  doing  anything  re- 
quired or  permitted  Vy  or  under  this  Act,  the  guardian  or  committee 
(if  any)  of  the  person  subject  to  the  disability,  or,  if  there  be  none, 
any  person  appointed  by  any  court  possessing  jurisdiction -in  respect 
of  his  property,  may  make  such  declaration  or  a  declaration  as  nearly 
corresponding  thereto  as  circumstances  permit,  and  do  such  thing  in 
the  name  and  on  behalf  of  the  person  subject  to  the  disability. 

(2)  An  appointment  may  be  made  by  the  court  for  the  purposes  of 
this  section  upon  the  petition  of  any  person  acting  on  behalf  of  the 
person  subject  to  the  disability  or  of  any  other  person  interested  in 
the  making  of  the  declaration  or  the  doing  of  the  thing. 


242  GREAT  BRITAIN. 

REGISTER  OF  PATENT  AGENTS. 

84.  (1)  A  person  shall  not  be  entitled  to  describe  himself  as  a  pat- 
ent agent,  whether  by  advertisement,  by  description  on  his  place  of 
business,  by  any  document  issued  by  him,  or  otherwise,  unless  he  is 
registered  as  a  patent  agent  in  pursuance  of  this  Act,  or  an  Act 
repealed  by  this  Act. 

(2)  Every  person  who  proves  to  the  satisfaction  of  the  Board  of 
Trade  that  prior  to  the  24th  day  of  December,  1888,  he  had  been 
~bona  -fide  practicing  as  a  patent  agent  shall  be  entitled  to  be  regis- 
tered as  a  patent  agent  in  pursuance  of  this  Act. 

(3)  If  any  person  knowingly  describes  himself  as  a  patent  agent 
in  contravention  of  this  section,  he  shall  be  liable  on  conviction  under 
the  Summary  Jurisdiction  Acts  to  a  fine  not  exceeding  £20. 

(4)  In  this  section  "  patent  agent"  means  exclusively  an  agent  for 
obtaining  patents  in  the  United  Kingdom. 

Agents  for  patents. 

85.  (1)   Rules  under  this  Act  may  authorize  the  comptroller  to 
refuse  to  recognize  as  agent  in  respect  of  any  business  under  this 
Act  any  person  whose  name  has  been  erased  from  the  register  of 
patent  agents  or  who  is  proved  to  the  satisfaction  of  the  Board  of 
Trade,  after  being  given  an  opportunity  of  being  heard,  to  have  been 
convicted  of  such  an  offense  or  to  have  been  guilty  of  such  miscon- 
duct as  would  have  rendered  him  liable,  if  his  name  had  been  on  the 
register  of  patent  agents,  to  have  his  name  erased  therefrom,  and 
may  authorize  the  comptroller  to  refuse  to  recognize  as  agent  in 
respect  of  any  business  under  this  Act  any  company  which,  if  it  had 
been  an  individual,  the  comptroller  could  refuse  to  recognize  as  such 
agent. 

(2)  Where  a  company  or  firm  acts  as  agents,  such  rules  as  afore- 
said may  authorize  the  comptroller  to  refuse  to  recognize  the  com- 
pany or  firm  as  agent  if  any  person  whom  the  comptroller  could 
refuse  to  recognize  as  an  agent  acts  as  director  or  manager  of  the 
company  or  is  a  partner  in  the  firm. 

(3)  The  comptroller  shall  refuse  to  recognize  as  agent  in  respect 
of  any  business  under  this  Act  any  person  who  neither  resides  nor 
has  a  place  of  business  in  the  United  Kingdom  or  the  Isle  of  Man. 


Power  for  Board  of  Trade  to  make  general  rules. 

86.  (1)  The  Board  of  Trade  may  make  such  general  rules  and  do 
such. things  as  they  think  expedient,  subject  to  the  provisions  of  this 
Act— 


GREAT  BRITAIN.  243 

(<?)  For  making  or  requiring  duplicates  of  specifications,  drawings, 
and  other  documents. 

(d)  For  securing  and  regulating  the  publishing  and  selling  of 
copies,  at  such  prices  and  in  such  manner  as  the  Board  of  Trade  think 
fit,  of  specifications,  drawings,  and  other  documents. 

(e)  For  securing  and  regulating  the  making,  printing,  publish- 
ing, and  selling  of  indexes  to  and  abridgments  of  specifications  and 
other  documents  in  the  Patent  Office,  and  providing  for  the  inspec- 
tion of  indexes  and  abridgments  and  other  documents. 

(/)  For  regulating  (with  the  approval  of  the  treasury)  the 
presentation  of  copies  of  Patent  Office  publications  to  patentees  and 
to  public  authorities,  bodies,  and  institutions  at  home  and  abroad. 

(g)  For  regulating  the  keeping  of  the  register  of  patent  agents 
under  this 'Act. 

(h-}  Generally  for  regulating  the  business  of  the  Patent  Office  and 
all  things  by  this  Act  placed  under  the  direction  or  control  of  the 
comptroller  or  of  the  Board  of  Trade. 

(2)  General  rules  shall,  while  in  force,  be  of  the  same  effect  as  if 
they  were  contained  in  this  Act. 

(3)  Any  rules  made  in  pursuance  of  this  section  shall  be  adver- 
tised twice  in  the  official  journal  to  be  issued  by  the  comptroller,  and 
shall  be  laid  before  both  Houses  of  Parliament  as  soon  as  practicable 
after  they  are  made,  and  if  either  House  of  Parliament,  within  the 
next  forty  days  after  any  rules  have  been  so  laid  before  that  House, 
resolves  that  the  rules,  or  any  of  them,  ought  to  be  annulled,  the 
rules,  or  those  to  which  the  resolution  applies,  shall  after  the  date  of 
such  resolution  be  of  no  effect,  without  prejudice  to  the  validity  of 
anything  done  in  the  meantime  under  the  rules  or  to  the  making  of 
any  new  rules. 

Proceedings  of  the  Board  of  Trade. 

ST.  (1)  All  things  required  or  authorized  under  this  Act  to  be 
done  by,  to,  or  before  the  Board  of  Trade  may  be  done  by,  to,  or 
before  the  president  or  a  secretary  or  an  assistant  secretary  of  the 
Board. 

(2)  All  documents  purporting  to  be  orders  made  by  the  Board  of 
Trade  and  to  be  sealed  with  the  seal  of  the  Board,  or  to  be  signed  by 
a  secretary  or  assistant  secretary  of  the  Board,  or  by  any  person 
authorized  in  that  behalf  by  the  President  of  the  Board,  shall  be 
received  in  evidence,  and  shall  be  deemed  to  be  such  orders  without 
further  proof,  unless  the  contrary  is  shown. 

(3)  A  certificate,  signed  by  the  President  of  the  Board  of  Trade, 
that  any  order  made  or  act  done  is  the  order  or  act  of  the  Board,  shall 
be  conclusive  evidence  of  the  fact  so  certified. 


244  GREAT  BRITAIN. 

Provision  as  to  Order  in  Council. 

88.  An  Order  in  Council  under  this  Act  shall,  from  a  date  to  be 
mentioned  for  the  purpose  in  the  Order,  take  effect  as  if  it  had  been 
contained  in  this  Act;  but  may  be  revoked  or  varied  by  a  subse- 
quent Order. 

OFFENSES. 

89.  (1)   If  any  person  makes  or  causes  to  be  made  a  false  entry  in 
any  register  kept  under  this  Act,  or  a  writing  falsely  purporting  to  be 
a  copy  of  an  entry  in  any  such  register,  or  produces  or  tenders  or 
causes  to  be  produced  or  tendered  in  evidence  any  such  writing,  know- 
ing the  entry  or  writing  to  be  false,  he  shall  be  guilty  of  a  mis- 
demeanor. 

(2)  If  any  person  falsely  represents  that  any  article  sold  by  him  is 
a  patented  article     *     *     *     he  shallbe  liable  for  every  offense,  on 
conviction  under  the  Summary  Jurisdiction  Acts,  to  a  fine  not  exceed- 
ing £5. 

(3)  If  any  person  sells  an  article  having  stamped,  engraved,  or 
impressed  thereon  or  otherwise  applied  thereto  the  word  "  patent." 
"  patented,"     *     *     *     or  any  other  word  expressing  or  implying 
that  the  article  is  patented     *     *     *     he  shall  be  deemed  for  the  pur- 
poses of  this  section  to  represent  that  the  article  is  a  patented  article. 

*  *  *  #  *  Jj:  # 

(5)  If  any  person  uses  on  his  place  of  business,  or  on  any  document 
issued  by  him,  or  otherwise,  the  words  "  Patent  Office,"  or  any  other 
words  suggesting  that  his  place  of  business  is  officially  connected  with, 
or  is,  the  Patent  Office,  he  shall  be  liable  on  conviction  under  the 
Summary  Jurisdiction  Acts  to  a  fine  not  exceeding  £20. 

Unauthorized  assumption  of  royal  arms. 

90.  (1)  The  grant  of  a  patent  under  this  Act  shall  not  be  deemed 
to  authorize  the  patentee  to  use  the  royal  arms  or  to  place  the  royal 
arms  on  any  patented  article. 

(2)  If  any  person,  without  the  authority  of  His  Majesty,  uses  in 
connection  with  any  business,  trade,  calling,  or  profession  the  royal 
arms  (or  arms  so  nearly  resembling  them  as  to  be  calculated  to  de- 
ceive) in  such  manner  as  to  be  calculated  to  lead  to  the  belief  that 
he  is  duly  authorized  to  use  the  royal  arms,  he  shall  be  liable  on  con- 
viction under  the  Summary  Jurisdiction  Acts  to  a  fine  not  exceeding 
£20:  Provided,  That  nothing  in  this  section  shall  be  construed  as 
affecting  the  right,  if  any,  of  the  proprietor  of  a  trade-mark  contain- 
ing such  arms  to  continue  to  use  such  trade-mark. 


GREAT  BRITAIN.  245 

International  and  colonial  arrangements. 

91.  (1)  If  His  Majesty  is  pleased  to  make  any  arrangement  with 
the  Government  of  any  foreign  State  for  mutual  protection  of  inven- 
tions then  any  person  who  has  applied  for  protection  for 
any  invention     *     *     *     in  that  State  shall  be  entitled  to  a  patent 
for  his  invention     *     *     under  this  Act     *     *     *     in  priority  to 
other  applicants ;  and  the  patent     *     *     *     shall  have  the  same  date 
as  the  date  of  the  application  in  the  foreign  State :  Provided,  That — 

(a)  The    application    is    made     *     *     *     within    twelve    months 
*     *     from  the  application  for  protection  in  the  foreign  State; 

and 

(b)  Nothing  in  this  section  shall  entitle  the  patentee     *     *     *     to 
recover  damages  for  infringements  happening  prior  to  the  actual  date 
on  which  his  complete  specification  is  accepted     *     *     *. 

(2)  The  patent  granted  for  the  invention     *     *     *     shall  not  be 
invalidated — 

(a)  In  the  case  of  a  patent,  by  reason  only  of  the  publication  of  a 
description  of,  or  use  of,  the  invention;  *  *  *  in  the  United 
Kingdom  or  the  Isle  of  Man  during  the  period  specified  in  this  section 
as  that  within  which  the  application  may  be  made. 

(3)  The  application  for  the  grant  of  a  patent      *     *     *     under 
this  section  must  be  made  in  the  same  manner  as  an  ordinary  applica- 
tion under  this  Act     *     *     * :  Provided,  That — 

(a)   ''  The  application  shall  be  accompanied  by  a  complete 

specification,  which,  if  it  is  not  accepted  within  the  twelve  months 
from  the  application  for  protection  in  the  foreign  State,  shall  with 
the  drawings  (if  any)  be  open  to  public  inspection  at  the  expiration 

of  that  period. 

*  #  #  *  *  *  * 

(4)  The  provisions  of  this  section  shall  apply  only  in  the  case  of 
tho.se  foreign  States  with  respect  to  which  His  Majesty  by  Order  in 
Council  declares  them  to  be  applicable,  and  so  long  only  in  the  case 
of  each  State  as  the  Order  in  Council  continues  in  force  with  respect 
to  that  State. 

(5)  Where  it  is  made  to  appear  to  His  Majesty  that  the  legisla- 
ture of  any  British  possession  has  made  satisfactory  provision  for  the 
protection  of  inventions  patented  in  this  country, 
it  shall  be  lawful  for  His  Majesty,  by  Order  in  Council,  to  apply  the 
provisions  of  this  section  to  that  possession,  with  such  variations  or 
additions,  if  any,  as  may  be  stated  in  the  Order. 

DEFINITIONS. 

Provisions  as  to  "the  court" 

92.  (1)  In  this  Act,  unless  the  context  otherwise  requires,  "the 
court "  means,  subject  to  the  provisions  as  to  Scotland,  Ireland,  and 
the  Isle  of  Man,  the  High  Court  in  England. 


246  GREAT  BRITAIN. 

(2)  Where  by  virtue  of  this  Act  a  decision  of  the  comptroller  is 
subject  to  an  appeal  to  the  court,  or  a  petition  may  be  referred  or 
presented  to  the  court,  the  appeal  shall,  subject  to  and  in  accordance 
with  rules  of  the  Supreme  Court,  be  made  and  the  petition  referred 
or  presented  to  such  judge  of  the  High  Court  as  the  Lord  Chancellor 
may  select  for  the  purpose,  and  the  decision  of  that  judge  shall  be 
final,  except  in  the  case  of  an  appeal  from  a  decision  of  the  comptroller 
revoking  a  patent  on  any  ground  on  which  the  grant  of  such  patent 
might  have  been  opposed. 

The  Patents  and  Designs  Act,  1908,  section  1. 

It  is  hereby  declared  that  so  much  of  subsection  (2)  of  section  92  of 
the  Patents  and  Designs  Act,  1907,  as  provides  that  the  decision  of  a 
judge  of  the  High  Court  to  whom  a  petition  is  presented  by  virtue  of 
that  Act  is  to  be  final  does  not  apply  in  the  case  of  a  petition  for  the 
revocation  of  a  patent  under  section  25  of  that  Act. 

Definitions. 

93.  In  this  Act.  unless  the  context  otherwise  requires — 

"  Law  officer  "  means  the  attorney  general  or  solicitor  general  for 
England. 

"  Prescribed  "  means  prescribed  by  general  rules  under  this  Act. 

"  British  possession "  does  not  include  the  Isle  of  Man  or  the 
'Channel  Islands. 

"  Patent "  means  letter's  patent  for  an  invention. 

"  Patentee  "  means  the  person  for  the  time  being  entitled  to  the 
benefit  of  a  patent. 

"  Invention  "  means  any  manner  of  new  'manufacture  the  subject  of 
letters  patent  and  grant  of  privilege  within  section  26  of  the  Statute 
of  Monopolies  (that  is,  the  Act  of  the  twenty-first  year  of  the  reign  of 
King  James  the  First,  chap.  3,  entitled  "  An  Act  concerning  monop- 
olies and  dispensations  with  penal  laws  and  the  forfeiture  thereof") 
and  includes  an  alleged  invention. 

"  Inventor "  and  "  applicant "  shall,  subject  to  the  provisions  of 
this  Act.  include  the  legal  representative  of  a  deceased  inventor  or 
applicant. 


Application  to  /Scotland. 

94.  In  the  application  of  this  Act  to  Scotland— 
(1)   In  any  action  for  infringement  of  a  patent  in  Scotland  the 
provisions  of  this  Act  with  respect  to  calling  in  the  aid  of  an  assessor 


GREAT  BRITAIN.  247 

shall  apply,  and  the  action  shall  be  tried  without  a  jury,  unless  the 
court  otherwise  direct,  but  other  Arise  nothing  shall  affect  the  jurisdic- 
tion and  forms  of  process  of  the  courts  in  Scotland  in  such  an  action 
or  in  any  action  or  proceeding  respecting  a  patent  hitherto  competent 
to  those  courts;  and  for  the  purposes  of  the  provisions  so  applied 
"  court  of  appeal "  shall  mean  any  court  to  which  such  action  is 
appealed. 

(2)  Any  offense  under  this  Act  declared  to  be  punishable  on  con- 
viction under  the  Summary  Jurisdiction  Acts  may  be  prosecuted  in 
the  sheriff  court. 

(3)  Proceedings  for  revocation  of  a  patent  shall  be  in  the  form 
of  an  action  of  reduction  at  the  instance  of  the  Lord  Advocate,  or  at 
the  instance  of  a  party  having  interest  with  his  concurrence,  which 
concurrence  may  be  given  on  just  cause  shown  only,  and  service  of  all 
writs  and  summonses  in  that  action  shall  be  made  according  to  the 
forms  and  practice  existing  at  the  commencement  of  this  Act. 

(4)  The  provisions  of  this  Act  conferring  a  special  jurisdiction  on 
the  court  as  defined  by  this  Act  shall  not.  except  so  far  as  the  jurisdic- 
tion extends,  affect  the  jurisdiction  of  any  court  in  Scotland  in  any 
proceedings   relating  to   patents     *     *     *     and   with   reference   to 
any  such  proceedings  the  term  "  the  court "  shall  mean  any  Lord 
Ordinary  of  the  court  of  session,  and  the  term  "  court  of  appeal " 
shall  mean  either  division  of  that  court. 

(5)  Notwithstanding  anything  in  this  Act,  the  expression  "the 
court "  shall,  as  respects  petitions  for  compulsory  licenses  or  revoca- 
tion which  are  referred  by  the  Board  of  Trade  to  the  court  in  Scot- 
land, mean  any  Lord  Ordinary  of  the  Court  of  Session,  and  shall  in 
reference  to  proceedings  in  Scotland  for  the  extension  of  the  time 
of  a  patent  mean  such  Lord  Ordinary. 

(6)  The  expression  "rules  of  the  supreme  court"  shall,  except  in 
section  92  of  this  Act,  mean  act  of  sederunt. 

(7)  If  any  rectification  of  a  register  under  this  Act  is  required  in 
pursuance  of  any  proceeding  in  a  court,  a  copy  of  the  order,  decree, 
or  other  authority  for  the  rectification  shall  be  served  on  the  comp- 
troller, and  he  shall  rectify  the  register  accordingly. 

(8)  The  expression  "  injunction  "  means  "  interdict." 

Application  to  Ireland. 

95.  In  the  application  of  this  Act  to  Ireland — 

( 1 )  All  parties  shall,  notwithstanding  anything  in  this  Act,  have  in 
Ireland  their  remedies  under  or  in  respect  of  a  patent  as  if  the  same 
had  been  granted  to  extend  to  Ireland  only. 

(2)  The  provisions  of  this  Act  conferring  a  special  jurisdiction  on 
the  court,  as  defined  by  this  Act,  shall  not,  except  so  far  as  the  juris- 


248  GREAT  BRITAIN. 

diction  extends,  affect  the  jurisdiction  of  any  court  in  Ireland  in  any 
proceedings  relating  to  patents     *  and  with  reference  to  any 

such  proceedings  the  term  "the  court''  means  the  High  Court  in 
Ireland. 

(3)  If  any  rectification  of  a  register  under  this  Act  is  required  ir. 
pursuance  of  any  proceeding  in  a  court,  a  copy  of  the  order,  decree, 
or  other  authority  for  the  rectification  shall  be  served  on  the  comp- 
troller, and  he  shall  rectify  the  register  accordingly. 

t 

Isle  of  Man 

96.  This  Act  shall  extend  to  the  Isle  of  Man,  subject  to  the  follow- 
ing modifications : 

(1)  Nothing  in  this  Act  shall  affect  the  jurisdiction  of  the  courts  in 
the  Isle  of  Man  in  proceedings  for  infringement,- or  in  any  action  or 
proceeding  respecting  a  patent     *     *     *     competent  to  those  courts. 

(2)  The  punishment  for  a  misdemeanor  under  this  Act  in  the  Isle 
of  Man  shall  be  imprisonment  for  any  term  not  exceeding  two  years, 
with  or  without  hard  labor,  and  with  or  without  a  fine  not  exceeding 
£100,  at  the  discretion  of  the  court. 

(3)  Any  offense  under  this  Act  committed  in  the  Isle  of  Man  which 
would  in  England  be  punishable  on  summary  Conviction  may  be 
prosecuted,  and  any  fine  in  respect  thereof  recovered,  at  the  instance 
of  any  person  aggrieved,  in  the  manner  in  which  offenses  punishable 
on  summary  conviction  may  for  the  time  being  be  prosecuted. 

REPEAL,  SAVINGS,  AND  SHORT  TITLE. 

Saving  for  prerogative. 

97.  Xothing  in  this  Act  shall  take  away,  abridge,  or  prejudicially 
affect  the  prerogative  of  the  Crown  in  relation  to  the  granting  of  any 
letters  patent  or  to  the  withholding  of  a  grant  thereof. 

Repeal  and  savings. 

98.  (1)  The  enactments  mentioned  in  the  second  schedule  to  this 
Act  are  hereby  repealed  to  the  extent  specified  in  the  third  column 
of  that  schedule— 

(a)  As   respects  the   enactments   mentioned   in   Part   I   of   that 
schedule,  as  from  the  commencement  of  this  Act — 

(b)  As  respects  the  enactments  mentioned  in  Part  II  of  that 
schedule,  as  from  the  date  when  rules  of  the  Supreme  Court  regulat- 
ing the  matters  dealt  with  in  those  enactments  come  into  operation. 

$  #  *  .*  *  *  * 

[NOTE. — The  rules  of  the  supreme  court  were  published  on  the  3d  of  June, 
1908.] 


GREAT  BRITAIN.  249 

and  the  enactments  mentioned  in  Part  II  *  *  *  of  that  schedule 
shall,  until  so  repealed,  have  effect  as  if  they  formed  part  of  this  Act : 
Provided,  That  this  repeal  shall  not  affect  any  convention,  order  in 
council,  rule,  or  table  of  fees  having  effect  under  any  enactment  so 
•repealed,  but  any  such  convention,  order  in  council,  rule,  or  table  of 
fees  in  force  at  the  commencement  of  this  Act  shall  continue  in  force, 
and  may  be  repealed,  altered,  or  amended  as  if  it  had  been  made 
under  this  Act. 

(2)  Except  where  otherwise  expressly  provided,  this  Act  shall 
extend  to  all  patents  granted  *  *  *  before  the  commencement 
of  this  Act,  and  to  applications  then  pending,  in  substitution  for  such 
enactments  as  would  have  applied  thereto  if  this  Act  had  not  been 
passed- 

Short  title  and  commencement. 

99.  This  Act  may  be  cited  as  the  Patents  and  Designs  Act,  1907,  and 
shall,  save  as  otherwise  expressly  provided,  come  into  operation  on 
tho  1st  day  of  January,  1908. 

8  Edw.  7,  ch.  4,  sec.  2. 

This  Act  may  be  cited  as  the  Patents  and  Designs  Act,  1908  (see 
sec.  92,  supra). 

GREAT  BRITAIN. 

[5  EDW.  7.]  TRADE-MARKS  ACT,  1905. 

CHAPTER  15. — An  Act  to  consolidate  and  amend  the  law  relating  to 

trade-marks,     [llth  August,  1905.] 

Be  it  enacted  by  the  King^s  most  Excellent  Majesty,  ~by  and  with 
the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal,  and 
Commons,  in  this  present  Parliament  assembled,  and  by  the  authority 
of  the  game,  as  follows: 

Short  title. 

1.  This  Act  may  be  cited  as  the  trade-marks  act,  1905. 

Commencement  of  act. 

2.  This  Act  shall,  save- as  otherwise  expressly  provided,  come  into 
operation  on  the  1st  day  of  April,  1906. 

PART  I. 

Definitions. 

3.  In  and  for  the  purposes  of  this  Act  (unless  the  context  other- 
wise requires)  — 

A  "  mark  "  shall  include  a  device,  brand,  heading,  label,  ticket, 
name,  signature,  word,  letter,  numeral,  or  any  combination  thereof. 


250  GEEAT  BBITAIET. 

A  "  trade-mark  "  shall  mean  a  mark  used  or  proposed  to  be  used 
upon  or  in  connection  with  goods  for  the  purpose  of  indicating  that 
they  are  the  goods  of  the  proprietor  of  such  trade-mark  by  virtue  of 
manufacture,  selection,  certification,  dealing  with,  or  offering  for 
sale. 

A  "  registrable  trade-mark "  shall  mean  a  trade-mark  which  is 
capable  of  registration  under  the  provisions  of  this  Act. 

"  The  register  "  shall  mean  the  register  of  trade-marks  kept  under 
the  provisions  of  this  Act. 

A  "  registered  trade-mark  "  shall  mean  a  trade-mark  which  is  actu- 
ally upon  the  register. 

"  Prescribed "  shall  mean,  in  relation  to  proceedings  before  the 
court,  prescribed  by  rules  of  court,  and  in  other  cases,  prescribed  by 
this  Act  or  the  rules  thereunder. 

"The  court"  shall  mean  (subject  to  the  provisions  for  Scotland, 
Ireland,  and  the  Isle  of  Man)  His  Majesty's  High  Court  of  Justice 
in  England. 

Register  of  trade-marks. 

4.  There  shall  be  kept  at  the  Patent  Office  for  the  purposes  of  this 
Act  a  book  called  the  register  of  trade-marks,  wherein  shall  be  en- 
tered all  registered  trade-marks  with  the  names  and  addresses  of 
their  proprietors,  notifications  of  assignments  and  transmissions,  dis- 
claimers, conditions,  limitations,  and  such  other  matters  relating  to 
such  trade-marks  as  may  from  time  to  time  be   prescribed.     The 
register  shall  be  kept  under  the  control  and  management  of  the  comp- 
troller general  of  patents,  designs,  and  trade-marks,  who  is  in  this 
Act  referred  to  as  the  registrar. 

Trust  not  to  be  entered  on  register. 

5.  There  shall  not  be  entered  in  the  register  any  notice  of  any  trust 
expressed,  implied,  or  constructive,  nor  shall   any  such  notice  be 
receivable  by  the  registrar. 

Incorporation  of  existing  register. 

6.  The  register  of  trade-marks  existing  at  the  date  of  the  com- 
mencement of  this  Act,  and  all  registers  of  trade-marks  kept  under 
previous  acts,  which  are  deemed  part  of  the  same  book  as  such  regis- 
ter, shall  be  incorporated  with  and  form  part  of  the  register.     Sub- 
ject to  the  provisions  of  sections  36  and  41  of  this  Act  the  validity  of 
the  original  entry  of  any  trade-mark  upon  the  registers  so  incor- 
porated shall  be  determined  in  accordance  with  the  statutes  in  force 
at  the  date  of  such  entry,  and  such  trade-mark  shall  retain  its  origi- 
nal date,  but  for  all  other  purposes  it  shall  be  deemed  to  be  a  trade- 
mark registered  under  this  Act. 


GREAT  BRITAIN.  251 

Inspection  of  and  extract  from  register. 

7.  The  register  kept  under  this  Act  shall  at  all  convenient  times  be 
open  to  the  inspection  of  the  public,  subject  to  such  regulations  as 
may  be  prescribed;  and  certified  copies,  sealed  with  the  seal  of  the 
Patent  Office,  of  any  entry  in  any  such  register  shall  be  given  to  any 
person  requiring  the  same  on  payment  of  the  prescribed  fee. 

REGISTRABLE   TRADE-MARKS. 

Trade-mark  must  be  for  particular  goods. 

8.  A  trade-mark  must  be  registered  in  respect  of  particular  goods 
or  classes  of  goods. 

Registrable  trade-marks. 

9.  A  registrable  trade-mark  must  contain  or  consist  of  at  least  one 
of  the  following  essential  particulars : 

(1)  The  name  of  a  company,  individual,  or  firm  represented  in  a 
special  or  particular  manner. 

(2)  The  signature  of  the  applicant  for  registration  or  some  prede- 
cessor in  his  business. 

(3)  An  invented  word  or  invented  words. 

(4)  A  word  or  words  having  no  direct  reference  to  the  character  or 
quality  of  the  goods,  and  not  being  according  to  its  ordinary  signifi- 
cation a  geographical  name  or  a  surname. 

(5)  Any  other  distinctive  mark,  but  a  name,  signature,  or  word 
or  words,  other  than  such  as  fall  within  the  descriptions  in  the 
above  paragraphs  (1),  (2),  (3),  and  (4),  shall  not,  except  by  order 
of  the  Board  of  Trade  or  the  court,  be  deemed  a  distinctive  mark: 

Provided  always  that  any  special  or  distinctive  word  or  words, 
letter,  numeral,  or  combination  of  letters  or  numerals  used  as  a 
trade-mark  by  the  applicant  or  his  predecessors  in  business  before 
the  13th  day  of  August,  1875,  which  has  continued  to  be  used  (either 
in  its  original  form  or  with  additions  or  alterations  not  substantially 
affecting  the  identity  of  the  same)  down  to  the  date  of  the  application 
for  registration  shall  be  registrable  as  a  trade-mark  under  this  Act. 

For  the  purposes  of  this  section  "  distinctive  "  shall  mean  adapted 
to  distinguish  the  goods  of  the  proprietor  of  the  trade-mark  from 
those  of  other  persons. 

In  determining  whether  a  trade-mark  is  so  adapted,  the  tribunal 
may,  in  the  case  of  a  trade-mark  in  actual  use,  take  into  consideration 
the  extent  to  which  such  user  has  rendered  such  trade-mark  in  fact 
distinctive  for  the  goods  with  respect  to  which  it  is  registered  or  pro- 
posed to  be  registered. 


252  GREAT  BRITAIN. 

Colored  trade-marks. 

10.  A  trade-mark  may  be  limited  in  whole  or  in  part  to  one  or 
more  specified  colors,  and  in  such  case  the  fact  that  it  is  so  limited 
shall  be  taken  into  consideration  by  any  tribunal  having  to  decide 
on  the  distinctive  character  of  such  trade-mark.    If  and  so  far  as  a 
trade-mark   is   registered   without  limitation   of   color   it   shall   be 
deemed  to  be  registered  for  all  colors. 

Restriction  on  registration. 

11.  It  shall  not  be  lawful  to  register  as  a  trade-mark  or  part  of  a 
trade-mark  any  matter,  the  use  of  which  would  by  reason  of  its 
being  calculated  to  deceive  or  otherwise  be  disentitled  to  protection 
in  a  court  of  justice,  or  would  be  contrary  to  law  or  morality,  or 
any  scandalous  design. 

REGISTRATION     OF    TRADE-MARKS. 

Application  for  registration. 

12.  (1)   Any  person  claiming  to  be  the  proprietor  of  a  trade-mark 
who  is  desirous  of  registering  the  same  must  apply  in  writing  to  the 
registrar  in  the  prescribed  manner. 

(2)  Subject  to  the  provisions  of  this  Act  the  register  may  refuse 
.such  application,  or  may  accept  it  absolutely  or  subject  to  conditions, 
amendments,  or  modifications. 

(3)  In  case  of  any  such  refusal  or  conditional  acceptance  the  regis- 
trar shall,  if  required  by  the  applicant,  state  in  writing  the  grounds 
of  his  decision  and  the  materials  used  by  him  in  arriving  at  the  same, 
and  such  decision  shall  be  subject  to  appeal  to  the  Board  of  Trade  or 
to  the  court  at  the  option  of  the  applicant. 

(4)  An  appeal  under  this  section  shall  be  made  in  the  prescribed 
manner,  and  on  such  appeal  the  Board  of  Trade  or  the  court,  as  the 
case  may  be,  shall,  if  required,  hear  the  applicant  and  the  registrar, 
and  shall  make  an  order  determining  whether,  and  subject  to  what 
conditions,  amendments,  or  modifications,  if  any,  the  application  is 
to  be  accepted. 

(5)  Appeals  under  this  section  shall  be  heard  on  the  materials  so 
stated  by  the  registrar  to  have  been  used  by  him  in  arriving  at  his 
decision,  and  no  further  grounds  of  objection  to  the  acceptance  of 
the  application  shall  be  allowed  to  be  taken  by  the  registrar,  other 
than  those  stated  by  him,  except  by  leave  of  the  tribunal  hearing  the 
appeal.  Where  any  further  grounds  of  objection  are  taken  the 
applicant  shall  be  entitled  to  withdraw  his  application  without  pay- 
ment of  costs  on  giving  notice  as  prescribed. 


GREAT  BRITAIN.  253 

(6)  The  registrar  or  the  Board  of  Trade  or  the  court,  as  the  case 
may  be,  may  at  any  time,  whether  before  or  after  acceptance,  correct 
any  error  in  or  in  Connection  with  the  application,  or  may  permit  the 
applicant  to  amend  his  application  upon  such  terms  as  they  may 
think  fit. 

Advertisement  of  application. 

13.  When  an  application  for  registration  of  a  trade-mark  has  been 
accepted,  whether  absolutely  or  subject  to  conditions,  the  registrar 
shall,  as  soon  as  may  be  after  such  acceptance,  cause  the  application 
as  accepted  to  be  advertised  in  the  prescribed  manner.    Such  adver- 
tisement shall  set  forth  all  conditions  subject  to  which  the  appli- 
cation has  been  accepted. 

Opposition  to  registration. 

14.  (1)  Any  person  may,  within  the  prescribed  time  from  the  date 
of  the  advertisement  of  an  application  for  the  registration  of  a  trade- 
mark, give  notice  to  the  registrar  of  opposition  to  such  registration. 

(2)  Such  notice  shall  be  given  in  writing  in  the  prescribed  manner, 
and  shall  include  a  statement  of  the  grounds  of  opposition. 

(3)  The  registrar  shall  send  a  copy  of  such  notice  to  the  applicant, 
and  within  the  prescribed  time  after  the  receipt  of  such  notice,  the 
applicant  shall  send  to  the  registrar,  in  the  prescribed  manner,  a 
counterstatement  of  the 'grounds  on  which  he  relies  for  his  applica- 
tion, and,  if  he  does  not  do  so,  he  shall  be  deemed  to  have  abandoned 
his  application. 

(4)  If  the  applicant  sends  such  counterstatement,  the  registrar 
shall  furnish  a  copy  thereof  to  the  persons  giving  notice  of  opposi- 
tion, and  shall,  after  hearing  the  parties,  if  so  required,  and  consid- 
ering the  evidence,  decide  whether,  and  subject  to  what  conditions, 
registration  is  to  be  permitted. 

(5)  The  decision  of  the  registrar  shall  be  subject  to  appeal  to  the 
court  or,  with  the  consent  of  the  parties,  to  the  Board  of  Trade. 

(6)  An  appeal  under  this  section  shall  be  made  in  the  prescribed 
manner,  and  on  such  appeal  the  Board  of  Trade  or  the  court,  as  the 
case  may  be,  shall,  if  required,  hear  the  parties  and  the  registrar,  and 
shall  make  an  order  determining  whether,  and  subject  to  what  condi- 
tions, if  any,  registration  is  to  be  permitted. 

(7)  On  the  hearing  of  any  such  appeal  any  party  may  either  in 
the  manner  prescribed  or  by  special  leave  of  the  tribunal  bring  for- 
ward further  material  for  the  consideration  of  the  tribunal. 

(8)  In  proceedings  under  this  section  no  further  grounds  of  ob- 
jection to  the  registration  of  a  trade-mark  shall  be  allowed  to  be 
taken  by  the  opponent  or  the  registrar  other  than,  those  stated  by 


254  GREAT  BRITAIN. 

the  opponent  as  herein  above  provided  except  by  leave  of  the  tribunal 
hearing  the  appeal.  Where  any  further  grounds  of  objection  are 
taken  the  applicant  shall  be  entitled  to  withdraw  his  application 
without  payment  of  the,  costs  of  the  opponent  on  giving  notice  as 
prescribed. 

(9)  In  any  appeal  under  this  section,  the  tribunal  may,  after  hear- 
ing the  registrar,  permit  the  trade-mark  proposed  to  be  registered  to 
be  modified  in  any  manner  not  substantially  affecting  the  identity  of 
such  trade-mark,  but  in  such  case  the  trade-mark  as  so  modified  shall 
be  advertised  in  the  prescribed  manner  before  being  registered. 

(10)  The  registrar,  or,  in  the  case  of  an  appeal  to  the  Board  of 
Trade,  the  Board  of  Trade  shall  have  power  in  proceedings  under  this 
section  to  award  to  any  party  such  costs  as  they  may  consider  reason- 
able, and  to  direct  how  and  by  what  parties  they  are  to  be  paid. 

(11)  If  a  party  giving  notice  of  opposition  or  of  appeal  neither 
resides  nor  carries  on  business  in  the  United  Kingdom,  the  tribunal 
may  require  such  party  to  give  security  for  costs  of  the  proceedings 
before  it  relative  to  such  opposition  or  appeal,  and  in  default  of  such 
security  being  duly  given  may  treat  the  opposition  or  appeal  as 
abandoned. 

Disclaimers. 

15.  If  a  trade-mark  contains  parts  not  separately  registered  by  the 
proprietor  as  trade-marks,  or  if  it  contains  Nmatter  common  to  the 
trade  or  otherwise  of  a  nondistinctive  character,  the  registrar  or  the 
board  of  trade  or  the  court,  in  deciding  whether  such  trade-mark 
shall  be  entered  or  shall  remain  upon  the  register,  may  require,  as  a 
condition  of  its  being  upon  the  register,  that  the  proprietor  shall  dis- 
claim any  right  to  the  exclusive  use  of  any  part  or  parts  of  such 
trade-mark,  or  of  all  or  any  portion  of  such  matter,  to  the  exclusive 
use  of  which  they  hold  him  not  to  be  entitled,  or  that  he  shall  make 
such  other  disclaimer  as  they  may  consider  needful  for  the  purpose 
of  defining  his  rights  under  such  registration,  provided  always  that 
no  disclaimer  upon  the  register  shall  affect  any  rights  of  the  pro- 
prietor of  a  trade-mark  except  such  as  arise  out  of  the  registration 
of  the  trade-mark  in  respect  of  which  the  disclaimer  is  made. 

Date  of  registration. 

16.  When  an  application  for  registration  of  a  trade-mark  has  been 
accepted  and  has  not  been  opposed,  and  the  time  for  notice  of  oppo- 
sition has  expired,  or  having  been  opposed  the  opposition  has  been 
decided  in  favor  of  the  applicant,  the  registrar  shall,  unless  the 
board  of  trade  otherwise  direct,  register  the  said  trade-mark,  and 


GREAT  BRITAIN.  255 

the  trade-mark,  when  registered,  shall  be  registered  as  of  the  date  of 
the  application  for  registration,  and  such  date  shall  be  deemed  for 
the  purposes  of  this  Act  to  be  the  date  of  registration. 

Certificate  of  registration. 

17.  On  the  registration  of  a  trade-mark  the  registrar  shall  issue  to 
the  applicant  a  certificate  in  the  prescribed  form  of  the  registration 
of  such  trade-mark  under  the  hand  of  the  registrar  and  sealed  with 
the  seal  of  the  Patent  Office. 

Noncompletion  of  registration. 

IS.  Where  registration  of  a  .trade-mark  is  not  completed  within  12 
months  from  the  date  of  the  application  by  reason  of  default  on  the 
part  of  the  applicant,  the  registrar  may,  after  giving  notice  of  the 
noncompletion  to  the  applicant  in  writing  in  the  prescribed  manner, 
treat  the  application  as  abandoned  unless  it  is  completed  within  the 
time  specified  in  that  behalf  in  such  notice. 

IDENTICAL    TRADE-MARKS. 

Identical  marks. 

19.  Except  by  order  of  the  court  or  in  the  case  of  trade-marks  in 
use  before  the  13th  day  of  August,  1875,  no  trade-mark  shall  be  reg- 
istered in  respect  of  any  goods  or  description  of  goods  which  is 
identical  with  one  belonging  to  a  different  proprietor  which  is  already 
on  the  register  with  respect  to  such  goods  or  description  of  goods,  or 
so  nearly  resembling  such  a  trade-mark  as  to  be  calculated  to  deceive. 

Rival  claims  to  identical  marks. 

20.  Where  each  of  several  persons  claims  to  be  proprietor  of  the 
same  trade-mark,  or  nearly  identical  trade-marks  in  respect  of  the 
same  goods  or  description  of  goods,  and  to  be  registered  as  such 
proprietor,  the  registrar  may  refuse  to  register  any  of  them  until 
their  rights  have  been  determined  by  the  court,  or  have  been  settled 
by  agreement  in  a  manner  approved  by  him  or  (on  appeal)  by  the 
Board  of  Trade. 

Concurrent  user. 

21.  In  case  of  honest  concurrent  user  or  of  other  special  circum- 
stances which,  in  the  opinion  of  the  court,  make  it  proper  so  to  dor 
the  court  may  permit,  the  registration  of  the  same  trade-mark,  or  of 

93169—19 17 


256  GREAT   BRITAIN. 

nearly  identical  trade-marks,  for  the  same  goods  or  description  of 
goods  by  more  than  one  proprietor  subject  to  such  conditions  and 
limitations,  if  any,  as  to  mode  or  place  of  user'  or  otherwise,  as  it 
may  think  it  right  to  impose. 

ASSIGNMENT. 

Assignment  and  transmission  of  trade-marks. 

22.  A  trade-mark  when  registered  shall  be  assigned  and  trans- 
mitted only  in  connection  with  the  good  will  of  the  business  con- 
cerned in  the  goods  for  which  it  has  been  registered  and  shall  be  de- 
terminable  with  that  good  will.     But  nothing  in  this  section  con- 
tained shall  be  deemed  to  affect  the  right  of  the  proprietor  of  a  reg- 
istered trade-mark  to  assign  the  right  to  use  the  same  in  any  British 
possession  or  protectorate  or  foreign  country  in  connection  with  any 
goods  for  which  it  is  registered,  together  with  the  good  will  of  the 
business  therein  in  such  goods. 

Apportionment  of  marks  on  dissolution  of  partnership. 

23.  In  any  case  where  from  any  cause,  whether  by  reason  of  dis- 
solution of  partnership  or  otherwise,  a  person'  ceases  to  carry  on 
business,  and  the  good  will  of  such  person  does  not  pass  to  one 
successor  but  is  divided,  the  registrar  may  (subject  to  the  provisions 
of  this  act  as  to  associated  trade-marks),  on  the  application  of  the 
parties  interested,  permit  an  apportionment  of  the  registered  trade- 
marks of  the   person  among  the  persons  in  fact  continuing  the  busi- 
ness, subject  to  such  conditions  and  modifications,  if  any,  as  he  may 
think  necessary  in  the  public  interest.    Any  decision  of  the  registrar 
.under  this  section  shall  be  subject  to  appeal  to  the  Board  of  Trade, 

Associated  trade-marks. 

24.  If  application  be  made  for  the  registration  of  a  trade-mark  so 
closely  resembling  a  trade-mark  of  the  applicant  already  on  the  reg- 
ister for  the  same  goods  or  description  of  goods  as  to  be  calculated  to 
deceive  or  cause  confusion  if  used  by  a  person  other  than  the  appli- 
cant, the  tribunal  hearing  the  application  may  require  as  a  condition 
of  registration  that  such  trade-marks  shall  be  entered  on  the  register 
as  associated  trade-marks. 

Combined  trade -marks. 

25.  If  the  proprietor  of  a  trade-mark  claims  to  be  entitled  to  the 
exclusive  use  of  any  portion  of  such  trade-mark  separately  he  may 


GREAT  BRITAIN.  257 

apply  to  register  the  same  as  separate  trade-marks.  Each  such  sep- 
arate trade-mark  must  satisfy  all  the  conditions  and  shall  have  all 
the  incidents  of  an  independent  trade-mark,  except  that  when  regis- 
tered it  and  the  trade  mark  of  which  it  forms  a  part  shall  be  deemed 
to  be  associated  trade-marks  and  shall  be  entered  on  the  register  as 
such,  but  the  user  of  the  whole  trade-mark  shall  for  the  purposes  of 
this  act  be  deemed  to  be  also  a  user  of  such  registered  trade  marks 
belonging  to  the  same  proprietor  as  it  contains. 

Series  of  trade-marks. 

26.  When  a  person  claiming  to  be  the  proprietor  of  several  trade- 
marks for  the  same  description  of  goods  which,  while  resembling  each 
other  in  the  material  particulars  thereof,  yet  differ  in  respect  of — 

(a)  Statements  of  the  goods  for  which  they  are  respectively  used 
or  proposed  to  be  used ;  or 

(b)  Statements  of  number,  price,  quality,  or  names  of  places;  or 

(c)  Other  matter  of  a  nondistinctive  character  which  does  not  sub- 
stantially affect  the  identity  of  the  trade-mark;  or 

(d)  Color; 

seeks  to  register  such  trade-marks,  they  may  be  registered  as  a  series 
ir.  one  registration.'  All  the  trade-marks  in  a  series  of  trade-marks  so 
registered  shall  be  deemed  to  be,  and  shall  be  registered  as,  associated 
trade-marks. 

Assignments  and  user  of  associated  trade --marks. 

27.  Associated  trade-marks  shall  be   assignable  or  transmissible 
only  as  a  whole  and  not  separately,  but  they  shall  for  all  other  pur- 
poses be  deemed  to  have  been  registered  as  separate  trade-marks. 
Provided  that  where  under  the  provisions  of  this  Act  user  of  a  reg- 
istered trade-mark  is  required  to  be  proved  for  any  purpose,  the 
tribunal  may  if  and  so  far  as  it  shall  think  right  accept  user  of  an 
associated  registered  trade-mark,  or  of  the  trade-mark  with  additions 
or  alterations  not  substantially  affecting  its  identity  as  an  equivalent 
for  such  user. 

RENEWAL   OF   REGISTRATION. 

Duration  of  registration. 

28.  The  registration  of  a  trade-mark  shall  be  for  a  period  of  14 
years,  but  may  be  renewed  from  time  to  time  in  accordance  with  the 
provisions  of  this  Act. 


258  GREAT  BRITAIN. 

Renewal  of  registration. 

29.  The  registrar  shall,  on  application  made  by  the  registered 
proprietor  of  a  trade-mark  in  the  prescribed  manner  and  within  the 
prescribed  period,  renew  the  registration  of  such  trade-mark  for  a 
period  of  14  years  from  the  expiration  of  the  original  registration  or 
of  the  last  renewal  of  registration,  as  the  case  may  be,  which  date  is 
herein  termed  "  the  expiration  of  the  last  registration." 

Procedure  on  expiry  of  period  of  registration. 

30.  At  the  prescribed  time  before  the  expiration  of  the  last  regis- 
tration of  a  trade-mark,  the  registrar  shall  send  notice  in  the  pre- 
scribed manner  to  the  registered  proprietor  at  his  registered  address 
of  the  date  at  which  the  existing  registration  will  expire  and  the  con- 
ditions as  to  payment  of  fees  and  otherwise  upon  which  a  renewal 
of  such  registration  may  be  obtained,  and  if  at  the  expiration  of  the 
time  prescribed  in  that  behalf  such  conditions  have  not  been  duly 
complied  with,  the  registrar  may  remove  such  trade-mark  from  the 
register,  subject  to  such  conditions  (if  any)  as  to  its  restoration  to 
the  register  as  may  be  prescribed. 

Status  of  unrenewed  trade-mark- 

31.  Where  a  trade-mark  has  been  removed  from  the  register  for 
nonpayment  of  the  fee  for  renewal,  such  trade-mark  shall,  neverthe- 
less, for  the  purpose  of  any  application  for  registration  during  one 
year  next  after  the  date  of  such  removal,  be  deemed  to  be  a  trade- 
mark which  is  already  registered,  unless  it  is  shown  to  the  satisfaction 
of  the  registrar  that  there  had  been  no  bona  fide  trade  user  of  such 
trade-mark  during  the  two  years  immediately  preceding  such  re- 
moval. 

CORRECTION  AND  RECTIFICATION  OF  THE  REGISTER. 

Correction  of  register. 

32.  The  registrar  may,  on  request  made  in  the  prescribed  manner 
by  the  registered  proprietor  or  by  some  person  entitled  by  law  to  act 
in  his  name — 

(1)  Correct  any  error  in  the  name  or  address  of  the  registered 
proprietor  of  a  trade-mark;  or 

(2)  Enter  any  change  in  the  name  or  address  of  the  person  who 
is  registered  as  proprietor  of  a  trade-mark ;  or 

(3)  Cancel  the  entry  of  a  trade-mark  on  the  register;  or 

(4)  Strike  out  any  goods  or  classes  of  goods  from  those  for  which 
a  trade-mark  is  registered;  or 


GREAT  BRITAIN.  259 

(5)  Enter  a  disclaimer  or  memorandum  relating  to  a  trade-mark 
which  does  not  in  any  way  extend  the  rights  given  by  the  existing 
registration  of  such  trade-mark. 

Any  decision  of  the  registrar  under  this  section  shall  be  subject 
to  appeal  to  the  Board  of  Trade. 

Registration  of  assignments,  etc. 

33.  Subject  to  the  provisions  of  this  Act  where  a  person  becomes 
entitled  to  a  registered  trade-mark  by  assignment,  transmission,  or 
other  operation  of  law,  the  registrar  shall,  on  request  made  in  the 
prescribed  manner,  and  on  proof  of  title  to  his  satisfaction,  cause 
the  name  and  address  of  such  person  to  be  entered  on  the  register 
as  proprietor  of  the  trade-mark.    Any  decision  of  the  registrar  under 
this  section  shall  be  subject  to  appeal  to  the  court  or,  with  the  consent 
of  the  parties,  to  the  Board  of  Trade. 

Alteration  of  registered  trade-mark. 

34.  The  registered  proprietor  of  any  trade-mark  may  apply  in 
the  prescribed  manner  to  the  registrar  for  leave  to  add  to  or  alter 
such  trade-mark  in  any  manner  not  substantially  affecting  the  iden- 
tity of  the  same,  and  the  registrar  may  refuse  such  leave  or  may 
grant  the  same  on  such  terms  as  he  may  think  fit,  but  any  such 
refusal  or  conditional  permission  shall  be  subject  to  appeal  to  the 
Board  of  Trade.    If  leave  be  granted,  the  trade-mark  as  altered  shall 
be  advertised  in  the  prescribed  manner. 

Rectification  of  register. 

35.  Subject  to  the  provisions  of  this  Act — 

(1)  The  court  may  on  the  application  in  the  prescribed  manner  of 
any  person  aggrieved  by  the  noninsertion  in  or  omission  from  the 
register  of  any  entry,  or  by  any  entry  made  in  the  register  without 
sufficient  cause,  or  by  any  entry  wrongly  remaining  on  the  register, 
or  by  any  error  or  defect  in  any  entry  in  the  register,  make  such 
order  for  making,  expunging,  or  varying  such  entry,  as  it  may  think 
fit. 

(2)  The  court  may  in  any  proceeding  under  this  section  decide 
any  question  that  it  may  be  necessary  or  expedient  to  decide  in  con- 
nection with  the  rectification  of  the  register. 

(3)  In  case  of  fraud  in  the  registration  or  transmission  of  a 
registered  trade-mark,  the  registrar  may  himself  apply  to  the  court 
under  the  provisions  of  this  section. 

(4)  Any  order  of  the  court  rectifying  the  register  shall  direct  that 
notice  of  the  rectification  shall  be  served  upon  the  registrar  in  the 


260  GREAT  BRITAIN. 

prescribed  manner  who  shall  upon  receipt  of  such  notice  rectify  the 
register  accordingly. 

Trade-marks  registered  under  previous  acts. 

36.  No  trade-mark  which  is  upon  the  register  at  the  commencement 
of  this  Act,  and  which  under  this  Act  is  a  registrable  trade-mark,  shall 
be  removed  from  the  register  on  the  ground  that  it  was  not  registrable 
under  the  acts  in  force  at  the  date  of  its  registration.    But  nothing 
in  this  section  contained  shall  subject  any  person  to  any  liability  in 
respect  of  any  act  or  thing  done  before  the  commencement  of  this 
Act  to  which  he  would  not  have  been  subject  under  the  acts  then  in 
force. 

Nonuser  of  trade-mark. 

37.  A  registered  trade-mark  may,  on  the  application  to  the  court 
of  any  person  aggrieved,  be  taken  off  the  register  in  respect  of  any 
of  the  goods  for  which  it  is  registered,  on  the  ground  that  it  was 
registered  by  the  proprietor  or  a  predecessor  in  title  without  any 
bona  fide  intention  to  use  the  same  in  connection  with  such  goods, 
and  there  has  in  fact  been  no  bona  -fide  user  of  tlie  same  in  connec- 
tion therewith,  or  on  the  ground  that  there  has  been  no  bona  fide 
user  of  such  trade-mark  in  connection  with  such  goods  during  the 
five  years  immediately  preceding  the  application,  unless  in  either 
case  such  nonuser  is  shown  to  be  due  to  special  circumstances  in  the 
trade,  and  not  to  any  intention  not  to  use  or  to  abandon  such  trade- 
mark in  respect  of  such  goods. 

EFFECT  OF  REGISTRATION. 

Powers  of  registered  proprietor. 

38.  Subject  to  the  provisions  of  this  Act — 

(1)  The  person  for  the  time  being  entered  in  the  register  as  pro- 
prietor of  a  trade-mark  shall,  subject  to  any  rights  appearing  from 
such  register  to  be  vested  in  any  other  person,  have  powrer  to  assign 
the  same,  and  to  give  effectual  receipts  for  any  consideration  for  such 
assignment. 

(2)  Any  equities  in  respect  of  a  trade-mark  may  be  enforced  in 
like  manner  as  in  respect  of  any  other  personal  property. 

Rights  of  proprietor  of  trad,e-mark. 

39.  Subject  to  the  provisions  of  section  41,  of  this  Act  and  to  any 
limitations  and  conditions  entered  upon  the  register,  the  registration 
of  a  person  as  proprietor  of  a  trade-mark  shall,  if  valid,  give  to  such 
person  the  exclusive  right  to  the  use  of  such  trade-mark  upon  or  in 


GREAT  BRITAIN.  2G1 

connection  with  the  goods  in  respect  of  which  it  is  registered,  pro- 
vided always  that  where  two  or  more  persons  are  registered  pro- 
prietors of  the  same  (or  substantially  the  same)  trade-mark  in  respect 
of  the  same  goods  no  rights  of  exclusive  user  of  such  trade-mark 
shall  (except  so  far  as  their  respective  rights  shall  have  been  defined 
by  the  court)  be  acquired  by  any  one  of  such  persons  as  against  any 
other  by  the  registration  thereof,  but  each  of  such  persons  shall 
other Avise  have  the  same  rights  as  if  he  were  the  sole  registered 
proprietor  thereof. 

Registration  to  be  prima  facie  evidence  of  validity. 

40.  In  all  legal  proceedings  relating  to  a  registered  trade-mark 
(including  applications  under  section  35  of  this  Act)  the  fact  that  a 
person  is  registered  as  proprietor  of  such  trade-mark  shall  be  prima 
facie  evidence  of  the  validity  of  the  original  registration  of  such 
trade-mark  and  of  all  subsequent  assignments  and  transmissions  of 
the  same. 

Registration  to  be  conclusive  after  seven  years. 

41.  In  all  legal  proceedings  relating  to  a  registered  trade-mark 
(including  applications  under  section  35  of  this  Act)  the  original 
registration  of  such  trade-mark  shall  after  the  expiration  of  seven 
years  from  the  date  of  such  original  registration  (or  seven  years  from 
the  passing  of  this  Act,  whichever  shall  last  happen)  be  taken  to  be 
valid  in  all  respects  unless  such  original  registration  was  obtained 
by  fraud,  or  unless  the  trade-mark  offends  against  the  provisions  of 
section  11  of  this  Act :  Provided,  That  nothing  in  this  Act  shall  entitle 
the  proprietor  of  a  registered  trade-mark  to  interfere  with  or  restrain 
the  user  by  any  person  of  a  similar  trade-mark  upon  or  in  connection 
with  goods  upon  or  in  connection  with  which  such  person  has,  by 
himself  or  his  predecessors  in  business,  continuously  used  such  trade- 
mark from  a  date  anterior  to  the  user  of  the  first-mentioned  trade- 
mark by  the  proprietor  thereof  or  his  predecessors  in  business,  or  to 
object  (on  such  user  being  proved)  to  such  person  being  put  upon  the 
register  for  such  similar  trade-mark  in  respect  of  such  goods  under 
the  provisions  of  section  21  of  this  Act. 

Unregistered  trade-mark. 

42.  No  person  shall  be  entitled  to  institute  any  proceeding  to  pre- 
vent or  to  recover  damages  for  the  infringement  of  an  unregistered 
trade-mark  unless  such  trade-mark  was  in  use  before  the  13th  of 
August,  1875,  and  has  been  refused  registration  under  this  Act.    The 
register  for  such  similar  trade-mark  in  respect  of  such  goods  under 
has  been  refused. 


262  GREAT  BRITAIN. 

Infringement. 

43.  In  an  action  for  the  infringement  of  a  trade-mark  the  court 
trying  the  question  of  infringement  shall   admit  evidence   of  the 
usages  of  the  trade  in  respect  to  the  get-up  of  the  goods  for  which 
the  trade-mark  is  registered,  and  of  any  trade-marks  or  get-up  legiti- 
mately used  in  connection  with  such  goods  by  other  persons. 

User  of  name,  address,  or  description  of  goods. 

44.  No  registration  under  this  Act  shall  interfere  with  any  bojia 
-fide  use  by  a  person  of  his  own  name  or  place  of  business  or  that  of 
any  of  his  predecessors  in  business,  or  the  use  by  any  person  of  any 
bona  fide  description  of  the  character  or  quality  of  his  goods. 

"Passing -off  "  action. 

45.  Nothing   in   this    Act    contained    shall    be    deemed    to    affect 
rights  of  action  against  any  person  for  passing  off  goods  as  those 
of  another  person  or  the  remedies  in  respect  thereof. 

LEGAL  PROCEEDINGS. 

Certificate  of  validity. 

46.  In  any  legal  proceeding  in  which  the  validity  of  the  registra- 
tion of  a  registered  trade-mark  comes  into  question  and  is  decided  in 
favor  of  the  proprietor  of  such  trade-mark,  the  court  may  certify 
the  same,  and  if  it  so  certifies  then  in  any  subsequent  legal  proceeding 
in  which  such  validity  comes  into  question  the  proprietor  of  the  said 
trade-mark  on  obtaining  a  final  order  or  judgment  in  his  favor  shall 
have  his  full  costs,  charges,  and  expenses  as  between  solicitor  and 
client,  unless  in  such  subsequent  proceeding  the  court  certifies  that  he 
ought  not  to  have  the  same. 

Registrar  to  have  notice  of  proceeding  for  rectification. 

47.  In  any  legal  proceeding  in  which  the  relief  sought  includes 
alteration  or  rectification  of  the  register,  the  registrar  shall  have  the 
right  to  appear  and  be  heard,  and  shall  appear  if  so  directed  by  the 
court.     Unless  otherwise  directed  by  the  court,  the  registrar  in  lieu 
of  appearing  and  being  heard  may  submit  to  the  court  a  statement 
in  writing  signed  by  him,  giving  particulars  of  the  proceedings 
before  him  in  relation  to  the  matter  in  issue  or  of  the  grounds  of  any 
decision  given  by  him  affecting  the  same  or  of  the  practice  of  the 
office  in  like  cases,  or -of  such  other  matters  relevant  to  the. issues, 
and  within  his  knowledge  as  such  registrar,  as  he  shall  think  fit,  and 
such  statement  shall  be  deemed  to  form  part  of  the  evidence  in  the 
proceeding. 


GREAT  BRITAIN.  263 

COSTS. 

Costs  of  proceedings  before  the  court. 

48.  In  all  proceedings  before  the  court  under  this  Act  the  costs  of 
the  registrar  shall  be  in  the  discretion  of  the  court,  but  the  registrar 
shall  not  be  ordered  to  pay  the  costs  of  any  other  of  the  parties. 

EVIDENCE. 

Mode  of  giving  evidence. 

49.  In  any  proceeding  under  this  Act  before  the  Board  of  Trade  or 
the  registrar,  the  evidence  shall  be  given  by  statutory  declaration  in 
the  absence  of  directions  to  the  contrary,  but,  in  any  case  in  which 
it  shall  think  it  right  so  to  do,  the  tribunal  may  (with  the  consent 
of  the  parties)  take  evidence  viva  voce  in  lieu  of  or  in  addition  to 
evidence  by  declaration.    Any  such  statutory  declaration  may  in  the 
case  of  appeal  be  used  before  the  court  in  lieu  of  evidence  by  affidavit, 
but  if  so  used  shall  have  all  the  incidents  and  consequences  of  evi- 
dence by  affidavit. 

In  case  any  part  of  the  evidence  is  taken  viva  voce  the  Board  of 
Trade  or  the  registrar  shall  in  respect  of  requiring  the  attendance  of 
witnesses  and  taking  evidence  on  oath  be  in  the  same  position  in  all 
respects  as  an  official  referee  of  the  supreme  court. 

Sealed  copies  to  be  evidence. 

50.  Printed  or  written  copies  or  extracts  of  or  from  the  register, 
purporting  to  be  certified  by  the  registrar  and  sealed  with  the  seal  of 
the  Patent  Office,  shall  be  admitted  in  evidence  in  all  courts  in  His 
Majesty's  dominions,  and  in  all  proceedings,  without  further  proof 
or  production  of  the  originals. 

Certificate  of  registrar  to  be  evidence. 

51.  A  certificate  purporting  to  be  under  the  hand  of  the  registrar 
as  to  any  entry,  matter,  or  thing  which  he  is  authorized  by  this  Act, 
or  rules  made  thereunder,  to  make  or  do,  shall  be  prima  facie  evidence 
of  the  entry  having  been  made,  and  of  the  contents  thereof,  and  of 
the  matter  or  thing  having  been  done  or  not  done. 

Certificate  of  board  of  trade  to  be  evidence. 

52.  (1)   All  documents  purporting  to  be  orders  made  by  the  Board 
of  Trade  and  to  be  sealed  with  the  seal  of  the  Board,  or  to  be  signed 
by  a  secretary  or  assistant  secretary  of  the  Board,  or  by  any  person 
authorized  in  that  behalf  bv  the  President  of  the  Board,  shall  be 


264  GREAT  BRITAIN. 

received  in  evidence,  and  shall  be  deemed  to  be  such  orders  without 
further  proof,  unless  the  contrary  is  shown. 

(2)  A  certificate,  signed  by  the  President  of  the  Board  of  Trade, 
that  any  order  made  or  act  done  is  the  order  or  act  of  the  Board,  shall 
be  conclusive  evidence  of  the  fact  so  certified. 

PART  II. 

POWERS  AND  DUTIES  OF  REGISTRAR  OF  TRADE-MARKS. 

Exercise  of  discretionary  power  l>y  registrar. 

53.  Where  any  discretionary  or  other  power  is  given  to  the  regis- 
trar by  this  Act  or  rules  made  thereunder  he  shall  not  exercise  that 
power  adversely  to  the  applicant  for  registration  or  the  registered 
proprietor  of  the  trade-mark  in  question  without   (if  duly  required 
so  to  do  within  the  prescribed  time)  giving  such  applicant  or  regis- 
tered proprietor  an  opportunity  of  being  heard. 

Appeal  from  registrar. 

54.  Except  where  expressly  given  by  the  provisions  of  this  Act  or 
rules  made  thereunder  there  shall  be  no  appeal  from  a  decision  of  the 
registrar  otherwise  than  to  the  Board  of  Trade,  but  the  court,  in  deal- 
ing with  any  question  of  the  rectification  of  the  register  (including 
all  applications  under  the  provisions  of  section  35  of  this  Act),  shall 
have  power  to  review  any  decision  of  the  registrar  relating  to  the 
entry  in  question  or  the  correction  sought  to  be  made. 

Recognition  of  agents. 

55.  Where  by  this  Act  any  act  has  to  be  done  by  or  to  any  person  in 
connection  with  a  trade-mark  or  proposed  trade-mark  or  any  pro- 
cedure relating  thereto,  such  act  may  under  and  in  accordance  with 
rules  made  under  this  Act  or  in  particular  cases  by  special  leave  of 
the  Board  of  Trade  be  done  by  or  to  an  agent  of  such  party  duly 
authorized  in  the  prescribed  manner. 

Registrar  may   take  directions   of  law   officers. 

56.  The  registrar  may,  in  any  case  of  doubt  or  difficulty  arising 
in  the  administration  of  any  of  the  provisions  of  this  Act,  apply  to 
His  Majesty's  attorney  general  or  solicitor  general  for  England  for 
directions  in  the  matter. 

Annual  reports  of  comptroller  (46  and  4?  Viet.,  c.  57}. 

57.  The  comptroller  general  of  patents,  designs,  and  trade-marks 
shall  in  his  yearly  report  on  the  execution  by  or  under  him  of  the. 


GREAT   BRITAIN.  265 

Patents.  Designs,  and  Trade-Marks  Act,  1883,  and  acts  amending  the 
same,  include  a  report  respecting  the  execution  by  or  under  him  of 
this  Act  as  though  it  formed  a  part  of  or  was  included  in  such  acts. 

POWERS    AND    DUTIES  ,  OF    THE    BOARD    OF    TRADE. 

Proceedings  before  Board  of  Trade. 

58.  All  things  required  or  authorized  under  this  Act  to  be  done  by, 
to.  or  before  the  Board  of  Trade  may  be  done  by,  to,  or  before  the 
president  or  a  secretary  or  an  assistant  secretary  of  the  Board  or  any 
person  authorized  in  that  behalf  by  the  President  of  the  Board. 

Appeals  to  Board  of  Trade. 

59.  Where  under  this  Act  an  appeal  is  made  to  the  Board  of  Trade, 
the  Board  of  Trade  may.  if  they  think  fit,  refer  any  such  appeal  to 
the  court  in  lieu  of  hearing  and  deciding  it  themselves,  but,  unless 
the  Board  so  refer  the  appeal,  it  shall  be  heard  and  decided  by  the 
Board,  and  the  decision  of  the  Board  shall  be  final. 

Pouter  of  Board  of  Trade  to  make  rules. 

60.  (1)   Subject  to  the  provisions  of  this  Act  the  Board  of  Trade 
may  from  time  to  time  make  such  rules,  prescribe  such  forms,  and 
generally  do  such  things  as  they  think  expedient — 

(a)  For  regulating  the  practice  under  this  Act. 

(b)  For  classifying  goods   for  the  purposes  of  registration  of 
trade-marks. 

(<?)   For  making  or  requiring  duplicates  of  trade-marks  and  other 
documents. 

(d)  For  securing  and  regulating  the  publishing  and  selling  or 
distributing,  in  such  manner  as  the  board  of  trade  think  fit,  of  copies 
of  trade-marks  and  other  documents. 

(e)  Generally,  for  regulating  the  business  of  the  office  in  relation 
to  trade-marks  and  all  things  by  this  Act  placed  under  the  direction 
or  control  of  the  registrar  or  of  the  Board  of  Trade. 

(2)  Rules  made  under  this  section  shall,  whilst  in  force,  be  of  the 
same  effect  as  if  they  were  contained  in  this  Act. 

(3)  Before  making  any  rules  under  this  section  the  Board  of  Trade 
shall  publish  notice  of  their  intention  to  make  the  rules  and  of  the 
place  where  copies  of  the  draft  rules  may  be  obtained  in  such  manner 
as  the  board  consider  most  expedient,  so  as  to  enable  persons  affected 
to  make  representations  to  the  Board  before  the  rules  are  finally 
settled. 


266  GEE  AT  BRITAIN. 

(4)  Any  rules  made  in  pursuance  of  this  section  shall  be  forthwith 
advertised  twice  in  the  Trade-Marks  Journal,  and  shall  be  laid  before 
both  Houses  of  Parliament,  if  Parliament  be  in  session  at  the  time 
of  making  thereof,  or,  if  not,  then  as  soon  as  practicable  after  the 
beginning  of  the  then  next  session  of  Parliament. 

(5)  If  either  House  of  Parliament,  within  the  next  40  days  after 
any  rules  have  been  so  laid  before  such  House,  resolve  that  such  rules 
or  any  of  them  ought  to  be  annulled,  the  same  shall  after  the  date  of 
such  resolution  be  of  no  effect,  without  prejudice  to  the  validity  of 
anything  done  in  the  meantime  under  such  rules  or  rule  or  to  the 
making  of  any  new  rules  or  rule. 

Fees. 

61.  There  shall  be  paid  in  respect  of  applications  and  registration 
and  other  matters  under  this  Act,  such  fees  as  may  be,  with  the  sanc- 
tion of  the  treasury,  prescribed  by  the  Board  of  Trade. 

SPECIAL    TRADE-MARKS. 

Standardization,  etc.,  trade-marks. 

62.  Where  any  association  or  person  undertakes  the  examination 
of  any  goods  in  respect  of  origin,  material,  mode  of  manufacture, 
quality,  accuracy,  or  other  characteristic,  and  certifies  the  result  of 
such  examination  by  mark  used  upon  or  in  connection  with  such 
goods,  the  Board  of  Trade  may.  if  they  shall  judge  it  to  be  to  the 
public  advantage,  permit  such  association  or  person  to  register  such 
mark  as  a  trade-mark  in  respect  of  such  goods,  whether  or  not  such 
association  or  person  be  a  trading  association  or  trader  or  possessed 
of  a  good  will  in  connection  with  such  examination  and  certifying. 
When  so  registered  such  trade-mark  shall  be  deemed  in  all  respects 
to  be  a  registered  trade-mark,  and  such  association  or  person  to  be  the 
proprietor  thereof,  save  that  such  trade-mark  shall  be  transmissible 
or  assignable  only  by  permission  of  the  Board  of  Trade. 

/Sheffield  marks. 

63.  With  respect  to  the  master,  wardens,  searchers,  assistants,  and 
commonalty  of  the  Company  of  Cutlers  in  Hallamshire,  in  the  county 
of  York  (in  this  Act  called  the  Cutlers'  Co.) ,  and  the  marks  or  devices 
(in  this  Act  called  Sheffield  marks)   assigned  or  registered  by  the 
master,  wardens,  searchers,  and  assistants  of  that  company,  the  fol- 
lowing provisions  shall  have  effect : 


GREAT  BRITAIN.  267 

(1)  The  Cutlers'  Co.  shall  continue  to  keep  at  Sheffield  the  register 
of  trade-marks  (in  this  Act  called  the  Sheffield  register)  kept  by  them 
at  the  date  of  the  commencement  of  this  act,  and,  save  as  otherwise 
provided  by  this  Act.  such  register  shall  for  all  purposes  form  part 
of  the  register. 

(2)  The  Cutlers'  Co.  shall,  on  request  made  in  the  prescribed  man- 
ner, enter  in  the  Sheffield  register,  in  respect  of  metal  goods  as  de- 
fined in  this  section,  all  the  trade-marks  which  shall  have  been  as- 
signed by  the  Cutlers'  Co.  and  actually  used  before  the  1st  day  of 
January,  1884.  but  which  have  not  been  entered  in  such  register  be- 
fore the  passing  of  this  Act. 

(3)  An  application  for  registration  of  a  trade-mark  used  on  metal 
goods  shall,  if  made  after  the  commencement  of  this  Act  by  a  person 
carrying  on  business  in  Hallamshire,  or  within  6  miles  thereof,  bs 
made  to  the  Cutlers'  Co. 

(4)  Every  application  so  made  to  the  Cutlers'  Co.  shall  be  notified 
to  the  registrar  in  the  prescribed  manner,  and,  unless  the  registrar 
within  the  prescribed  time  gives  notice  to  the  Cutlers'  Co.  of  any 
objection  to  the  acceptance  of  the  application,  it  shall  be  proceeded 
with  by  the  Cutlers'  Co.  in  the  prescribed  manner. 

(5)  If  the  registrar  gives  notice  of  an  objection  as  aforesaid,  the 
application  shall  not  be  proceeded  with  by  the  Cutlers'  Co.,  but  any 
person  aggrieved  may  in  the  prescribed  manner  appeal  to  the  court. 

(6)  Upon  the  registration  of  a  trade-mark  in  the  Sheffield  regis- 
tei  the  Cutlers'  Co.  shall  give  notice  thereof  to  the  registrar,  who 
shall  thereupon  enter  the  mark  in  the  register  of  trade-marks;  and 
such  registration  shall  bear  date  as  of  the  day  of  application  to  the 
Cutlers'  Co.,  and  have  the  same  effect  as  if  the  application  had  been 
made  to  the  registrar  on  that  day. 

(7)  The  provisions  of  this  Act,  and  of  any  rules  made  under  this 
Act  with  respect  to  the  registration  of  trade-marks,  and  all  matters 
relating  thereto,  shall,  subject  to  the  provisions  of  this  section  (and 
notwithstanding  anything  in  any  act  relating  to  the  Cutlers'  Co.), 
apply  to  the  registration  of  trade-marks  on  metal  goods  by  the  Cut- 
lers' Co.,  and  to  all  matters  relating  thereto ;  and  this  Act  and  any 
such  rules  shall,  so  far  as  applicable,  be  construed  acordingly  with 
the  substitution  of  the  Cutlers'  Co.,  the  office  of  the  Cutlers'  Co.,  and 
the  Sheffield  register,  for  the  registrar,  the  patent  office,  and  the 
register  of  trade-marks  respectively ;  and  notice  of  every  entry,  can- 
cel iation,  or  correction  made  in  the  Sheffield  register  shall  be  given 
to  the  registrar  by  the  Cutlers'  Co. 

(8)  When  the  registrar  receives  from  any  person  not  carrying  on 
business  in  Hallamshire  or  within  6  miles  thereof  an  application  for 
registration  of  a  trade-mark  used  on  metal  goods,  he  shall  in  the 


268  GREAT  BRITAIN. 

prescribed  manner  notify  the  application  and  proceedings  thereon 
to  the  Cutlers'  Co. 

(9)  Any  person  aggrieved  by  a  decision  of  the  Cutlers'  Co.,  in  re- 
spect of  anything  done  or  omitted  under  this  Act  may,  in  the  pre- 
scribed manner,  appeal  to  the  court. 

(10)  For   the   purposes    of   this   section   the    expression    "metal 
goods"  means  all  metals,  whether  wrought,  unwrought.  or  partly 
wrought,  and  all  goods  composed  wholly  or  partly  of  any  metal. 

(11)  For  the  purpose  of  legal  proceedings  in  relation  to  trade- 
marks entered  in  the  Sheffield  register  a  certificate  under  the  hand  of 
the  master  of  the  Cutlers'  Co.  shall  have  the  same  effect  as  the  cer- 
tificate of  the  registrar. 

(.  'of ton  marks. 

64:.  ( 1 )  The  Manchester  branch  of  the  trade-marks  registry  of  the 
patent  office  (hereinafter  called  "the  Manchester  branch")  shall  be 
continued  according  to  its  present  constitution.  A  chief  officer  of 
the  Manchester  branch  shall  be  appointed  who  shall  be  styled  "  the 
keeper  of  cotton  marks,"  and  shall  act  under  the  direction  of  the 
registrar.  The  present  keeper  of  the  Manchester  branch  shall  be  the 
first  keeper  of  cotton  marks. 

(2)  As   regards    cotton    goods   which   have   hitherto    constituted 
classes  23,  24,  and  25,  under  the  classification  of  goods  under  the 
patents,  designs,  and  trade-marks  acts,  1883  to  1902.  the  register  of 
trade-marks  for  all  such  goods,  except  such  as  may  be  prescribed, 
shall  be  called  "  the  Manchester  register,"  and  a  duplicate  thereof 
fchall  be  kept  at  the  Manchester  branch. 

(3)  All  applications  for  registration  of  trade-marks  for  such  cot- 
ton goods  in  the  said  classes    (hereinafter  referred  to  as  "cotton 
marks"  shall  be  made  to  the  Manchester  branch. 

(4)  Every  application  so  made  to  the  Manchester  branch  shall 
be  notified  to  the  registrar  in  the  prescribed  manner  together  with 
the  report  of  the  keeper  of  cotton  marks  thereon,  and  unless  the 
rgistrar,  after  considering  the  report  and  hearing,  if  so  required,  the 
applicant,  within  the  prescribed  time  gives  notice  to  the  keeper  of 
cotton  marks  of  objection  to  the  acceptance  of  the  application,  it 
shall  be   advertised  by  the   Manchester  branch   and  shall  be   pro- 
ceeded with  in  the  prescribed  manner. 

(5)  If  the  registrar  gives  notice  of  objection  as  aforesaid  the  ap- 
plication shall  not  be  proceeded  with,  but  any  person  aggrieved  may 
in  the  prescribed  manner  appeal  to  the  court  or  the  board  of  trade, 
at  the  option  of  the  applicant. 

(6)  Upon  the  registration  of  a  trade-mark  in  the  Manchester  reg- 
ister the  keeper  of  cotton  marks  shall  upon  notice  thereof  from  the 
registrar  thereupon  enter  the  mark  in  the  duplicate  of  the  Man- 


GREAT  BRITAIN.  269 

chester  register,  and  such  registration  shall  bear  date  as  of  the  day 
of  application  to  the  Manchester  branch,  and  shall  have  the  same  ef- 
fect as  if  the  application  had  been  made  to  the  registrar  on  that  day. 

(7)  When  any  mark  is  removed  from  or  any  cancellation  or  correc- 
tion made  in  the  Manchester  register  notice  thereof  shall  be  given  by 
the  registrar  to  the  keeper  of  cotton  marks,  who  shall  alter  the  dupli- 
cate register  accordingly. 

(8)  For  the  purpose  of  all  proceedings  in  relation  to  trade-marks 
entered  in  the  Manchester  register  a  certificate  under  the  hand  of  the 
keeper  of  cotton  marks  shall  have  the  same  effect  as  a  certificate  of 
the  registrar. 

(9)  In  every  application  for  registration  of  a  cotton  mark,  if  such 
mark  has  been  used  by  the  applicant  or  his  predecessors  in  business 
prior  to  the  date  of  application,  the  length  of  time  of  such  user  shall 
be  stated  on  the  application. 

(10)  As  from  the  passing  of  this  Act — 

(a)  In  respect  of  cotton  piece  goods  and  cotton  yarn  no  mark 
consisting  of  a  word  or  words  alone  (whether  invented  or  otherwise) 
shall  be  registered,  and  no  words  or  words  shall  be  deemed  to  be 
distinctive  in  respect  of  such  goods. 

(Z>)  In  respect  of  cotton  piece  goods  no  mark  consisting  of  a 
line  heading  alone  shall  be  registered,  and  no  line  heading  shall  be 
deemed  to  be  distinctive  in  respect  of  such  goods. 

(c)  No  registration  of  a  cotton  mark  shall  give  any  exclusive  right 
to  the  use  of  any  word,  letter,  numeral,  line  heading,  or  any  com- 
bination thereof. 

i 

39  and  40  Viet.,  c.  33. 
i 

(11)  The  right  of  inspection  of  the  Manchester  register  shall  ex- 
tend to  and  include  the  right  to  inspect  all  applications  whatsoever 
that  have  been  since  the  passing  of  the  Trade-Marks  Eegistration  Act, 
1875,  and  hereafter  shall  have  been  made  to  the  Manchester  branch  in 
respect  of  cotton  goods  in  classes  23,  24,  and  25,  whether  registered, 
^refused,  lapsed,  expired,  withdrawn,  abandoned,  canceled  or  pending. 

(12)  The  keeper  of  cotton  marks  shall,  on  request,  and  on  produc- 
tion of  a  facsimile  of  the  mark,  and  on  payment  of  the  prescribed 
fee,  issue  a  certified  copy  of  the  application  for  registration  of  any 
cotton  mark,  setting  forth  in  such  certificate  the  length*  of  time  of 
user  (if  any)  of  such  mark  as  stated  on  the  application,  and  any  other 

i  particulars  he  may  deem  necessary. 

(13)  As  regards  any  rules  or  forms  affecting  cotton  marks  which 
are  proposed  by  the  Board  of  Trade  to  be  made,  the  draft  of  the  same 
shall  be  sent  to  the  keeper  of  cotton  marks  and  also  to  the  Manchester 
Chamber  of  Commerce.     And  the  said  keeper,  and  also  the  said 


270  GREAT  BRITAIN. 

chamber,  shall,  if  they  or  either  of  them  so  request,  be  entitled  to- 
be  heard  by  the  Board  of  Trade  upon  such  proposed  rules  before  the 
same  are  carried  into  effect. 

(14)  The  existing  practice  whereby  the  keeper  of  the  Manchester 
branch  consults  the  trade  and  merchandise  marks  committee  ap- 
pointed by  the  Manchester  Chamber  of  Commerce  upon  questions  of 
novelty  or  difficulty  arising  on  applications  to  register  cotton  marks 
shall  be  continued  by  the  keeper  of  cotton  marks. 

International  and  colonial  arrangements  (48  and  ^9  Viet.  c.  63).  _ 

65.  The  provisions  of  sections  103  and  104  of  the  Patents,  Designs, 
and  Trade-Marks  Act,  1883  (as  amended  by  the  Patents,  Designs,  and 
Trade-Marks  (amendment)  Act,  1885),  relating  to  the  registration  of 
trade-marks  both  as  enacted  in  such  acts  and  as  applied  by  any  order 
in  council  made  thereunder,  shall  be  construed  as  applying  to  trade- 
marks registrable  under  this  Act. 

OFFENSES. 

Falsification  of  entries  in  register. 

66.  If  any  person  makes  or  causes  to  be  made  a  false  entry  in  the 
register  kept  under  this  Act,  or  a  writing  falsely  purporting  to  be 
a  copy  of  an  entry  in  any  such  register,  or  produces  or  tenders  or 
causes  to  be  produced  or  tendered  in  evidence  any  such  writing,  know- 
ing the  entry  or  writing  to  be  false,  he  shall  be  guilty  of  a  misde- 
meanor. 

Penalty  on  falsely  representing  a  trade-mark  as  registered. 

6.  (1)  Any  person  who  represents  a  trade-mark  as  registered 
which  is  not  so  shall  be  liable  for  every  offense  on  summary  con- 
viction to  a  fine  not  exceeding  £5. 

(2)  A  person  shall  be  deemed,  for  the  purposes  of  this  enactment, 
to  represent  that  a  trade-mark  is  registered,  if  he  uses  in  connection 
with  the  trade-mark  the  word  "  registered,"  or  any  words  expressing 
or  implying  that  registration  has  been  obtained  for  the  trade-mark. 

ROYAL   ARMS. 

Unauthorized  assumption  of  royal  arms. 

68.  If  any  person,  without  the  authority  of  His  Majesty,  uses  in 
connection  with  any  trade,  business,  calling,  or  profession,  the  royal 


GREAT  BRITAIN.  271 

arms  (or  arms  so  closely  resembling  the  same  as  to  be  calculated  tox 
deceive)  in  such  manner  as  to  be  calculated  to  lead  to  the  belief  that 
he  is  duly  authorized  so  to  use  the  royal  arms,  or  if  any  person  with- 
out the  authority  of  His  Majesty  or  of  a  member  of  the  royal  family, 
uses  in  connection  with  any  trade,  business,  calling,  or  profession  any 
device,  emblem,  or  title  in  such  manner  as  to  be  calculated  to  lead  to 
the  belief  that  he  is  employed  by  or  supplies  goods  to  His  Majesty  or 
such  member  of  the  royal  family,  he  may.  at  the  suit  of  any  person 
who  is  authorized  to  use  such  arms  or  such  device,  emblem,  or  title, 
or  is  authorized  by  the  Lord  Chamberlain  to  take  proceedings  in  that 
behalf,  be  restrained  by  injunction  or  interdict  from  continuing  so  to 
use  the  same:  Provided,  That  nothing  in  this  section  shall  be  con- 
strued as  affecting  the  right,  if  any,  of  the  proprietor  of  a  trade-mark 
containing  any  such  arms,  device,  emblem,  or  title  to  continue  to  use 
such  trade-mark. 

COURTS. 
General  saving  for  jurisdiction  of  courts. 

69.  The  provisions  of  this  Act  conferring  a  special  jurisdiction  on 
the  court  as  defined  by  this  Act  shall  not,  except  so  far  as  the  juris- 
diction extends,  affect  the  jurisdiction  of  any  court  in  Scotland  or 
Ireland  in  any  proceedings  relating  to  trade-marks ;  and  with  refer- 
ence to  any  such  proceedings  in  Scotland  the  term  "  the  court "  shall 
mean  the  court  of  session;  and  with  reference  to  any  such  proceed- 
ings in  Ireland  the  term  "  the  court "  shall  mean  the  high  court  of 
justice  in  Ireland. 

Isle  of  Man. 

70.  This  act  shall  extend  to  the  Isle  of  Man,  and— 

(1)  Nothing  in  this  Act  shall  affect  the  jurisdiction  of  the  courts 
in  the  Isle  of  Man  in  proceedings  for  infringement  or  in  any  action 
or  proceeding  respecting  a  trade-mark  competent  to  those  courts.' 

(2)  The  punishment  for  a  misdemeanor  under  this  Act  in  the 
Isle  of  Man  shall  be  imprisonment  for  any  term  not  exceeding  two 
years,  with  or  without  hard  labor  and  with  or  without  a  fine  not 
exceeding  £100,  at  the  discretion  of  the  court. 

(3)  An  offence  under  this  Act  committed  in  the  Isle  of  Man 
which  would  in  England  be  punishable  on  summary  conviction  may 
be  prosecuted,  and  any  fine  in  respect  thereof  recovered  at  the  in- 
stance of  any  person  aggrieved,  in  the  manner  in  which  offenses 
punishable  on  summary  conviction  may  for  the  time  being  be  prose- 
cuted. 

93169 — 19 18 


272  GREAT  BRITAIN. 

Jurisdiction  of  Lancashire  Valatim^  court. 

71.  The  court  of  chancery  of  the  County  Palatine  of  Lancaster 
shall,  with  respect  to  any  action  or  other  proceeding  in  relation  to 
trade-marks,  the  registration  whereof  is  applied  for  in  the  Man- 
chester branch,  have  the  like  jurisdiction  under  this  Act  as  His 
Majesty's  high  court  of  justice  in  England,  and  the  expression  "  the 
court "  in  this  Act  shall  be  construed  and  have  eifect  accordingly : 
Provided,  That  every  decision  of  the  court  of  chancery  of  the  County 
Palatine  of  Lancaster  in  pursuance  of  this  section  shall  be  subject 
to  the  like  appeal  as  decisions  of  that  court  in  other  cases. 

Offenses  in  Scotland. 

72.  In  Scotland  any  offense  under  this  Act  declared  to  be  punish- 
able on  summary  conviction  may  be  prosecuted  in  the  sheriff  court. 

REPEAL SAVINGS. 

Repeal  and  saving  for  rules,  etc. 

73.  The  enactments  described  in  the  schedule  of  this  Act  are  re- 
pealed to  the  extent  mentioned  in  the  third  column,  but  this  repeal 
shall  not  affect  any  rule,  table  of  fees,  or  classification  of  goods  made 
under  any  enactment  so  repealed,  but  every  such  rule,  table  of  fees,  or 
classification  of  goods  shall  continue  in  force  as  if  made  under  this 
Act  until  superseded  by  rules,  tables  of  fees,  or  classification  under 
this  Act. 

Application  of  lf.6  and  Ifl  Viet.,  c.  57,  ss.  82-8 Jf,. 

74.  The  provisions  of  sections  82  to  84  of  the  Patents,  Designs, 
and  Trade-Marks  Act,  1883,  as  amended  by  any  subsequent  enact- 
ment shall  continue  to  apply  with  respect  to  the  administration  at  the 
patent  office  of  the  law  relating  to  the  registration  of  trade-marks, 
and  shall  accordingly  be  construed  as  if  this  Act  formed  part  of 
that  Act. 

SCHEDULE. 
Section  73 — Enactments  repealed. 


Session  and  chapter. 

Short  title. 

Extent  of  repeal. 

46  and  47  Viet.,  c.  57. 
51  and  52  Viet.,  c.  50. 

The   patents,  designs,  and 
trade-marks  act,  1883. 

The   patents,   designs  and 
trade-marks  act,  1888. 

Sections  62  to  81,  and,  so  far  as  they  respectively 
relate  to  trade-marks,  sections  85  to  99,  101,  102, 
105,  108,  111  to  117. 
Sections  8  to  20,  and,  so  far  as  they  respectively  relate 
to  trade-marks,  sections  21  to  26. 

GREAT  BRITAIN.  273 

GREAT   BRITAIN— WAR  LEGISLATION. 

PATENTS — DESIGNS — TRADE-MARKS — (TEMPORARY    RULES)     ACT    or 

AUGHST  7,  1914. 

CHAPTER  27. — An  Act  to  extend  the  powers  of  the  Board  of  Trade 
during  the  continuance  of  the  present  hostilities  to  make  rules 
under  the  Patents  and  Designs  Act,  1907,  and  the  Trade-Marks 
Act,  1905.  [7th  August,  1914.] 

Be  it  enacted  Inj  the  King's  most  Excellent  Majesty,  ~by  and  with 
the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal,  and  Com- 
mons, in  this  present  Parliament  assembled,  and  by  the  authority  of 
the  same,  as  follows: 

1.  (1)   The  power  of  the  Board  of  Trade  under  section  86  of  the 
Patents  and  Designs  Act,  1907,  and  section  60  of  the  Trade-Marks  Act, 
1905,  to  make  rules  and  to  do  such  things  as  they  think  expedient  for 
the  purposes  therein  mentioned  shall  include  power  to  make  rules 
and  to  do  such  things  as  they  think  expedient  for  avoiding  or  suspend- 
ing in  whole  or  in  part  any  patent  or  license  granted  to,  and  the  regis- 
tration of  any  trade-mark  the  proprietor  whereof  is,  a  subject  of  any 
State  at  war  with  His  Majesty,  and  any  proceedings  on  any  applica- 
tion made  by  any  such  person  under  either  of  the  said  Acts  and  for 
extending  the  time  within  which  any  act  or  thing  may  or  is  required 
to  be  done  under  those  Acts. 

(2)  In  relation  to  rules  made  under  this  Act  the  provisions  of  sub- 
section  (3)  of  section  60  of  the  Trade-Marks  Act,  1905,  shall  not 
apply. 

(3)  If  the  rules  made  under  this  Act  so  provide  the  rules  or  any 
of  them  shall  have  effect  as  from  the  passing  of  this  Act. 

2.  This  Act  may  be  cited  as  the  Patents,  Designs,  and  Trade-Marks 
(temporary  rules)  Act,  1914. 

3.  This  Act  and  the  rules  made  thereunder  shall  continue  in  force 
during  the  continuance  of , the  present  state  of  war  in  Europe,  and  for 
a  period  of  six  months  thereafter  and  no  longer. 


PATENTS — DESIGNS — TRADE-MARKS —  (  TEMPORAT Y   R  ULES  )  '•  ACT 
(AMENDATORF)  or  AUGUST  28,  1914. 

[Translation.] 

CHAPTER  73. 

1.  The  Act  of  1914  concerning  the  Patents,  Designs,  and  Trade - 
Marks  (temporary)  rules  shall  become  effective  and  shall  be  consid- 


274  GREAT  BRITAIN. 

ered  as  having  always  been  effective  with  the  modifications  herein- 
after indicated,  to  wit: 

(a)  In  section  1,  the  words  "  any  patent  or  license  granted  to,  and 
the  registration  of  any  trade-mark  the  proprietor  whereof  is,  a  sub- 
ject of  any  State  at  war  with  His  Majesty,  and  any  such  proceedings 
on  any  application  made  by  any  such  person  under  either  of  the  said 
Acts  and  for  extending  the  time  within  which  any  act  or  thing  may 
or  is  required  to  be  done  under  those  Acts,"  shall  be  replaced  by  th«> 
following  words,  "  any  patent  or  license  whereof  the  beneficiary  is 
the  subject  of  a  State  at  war  with  His  Majesty ;  to  avoid  or  suspend 
the  registration  of  a  design  or  of  a  trade-mark  whereof  the  pro- 
prietor is  the  subject  of  any  such  State,  as  well  as  all  the  rights  or  a 
part  of  the  rights  that  proceed  from  this  registration ;  to  avoid  or  sus- 
pend any  application  effected  by  any  such  person  by  virtue  of  one  or 
the  other  of  these  Acts ;  to  empower  the  Board  of  Trade  to  grant  to  any 
persons  other  than  those  above  mentioned — for  the  whole  term  of 
the  patent  or  of  the  registration,  or  for  such  less  duration  as  the 
Board  shall  judge  proper,  and  by  providing  the  conditions  that  it 
shall  deem  advisable  to  establish — licenses  for  the  manufacture,  use, 
exploitation  or  sale  of  patented  inventions  and  registered  designs  that 
are  subject  to  avoidance  or  suspension,  as  has  been  above  mentioned." 

(b)  The  following  subsection  shall  be  added  to  the  end  of  said 
section : 

"  4.  The  present  Act  applies  to  any  person  residing  or  carrying  on 
his  business  in  the  territory  of  a  State  at  war  with  His  Majesty,  as  if 
he  were  a  subject  of  that  State;  and  the  expression  'subject  of  a 
State  at  war  with  His  Majesty,'  applied  to  a  society,  includes  any 
company  whereof  the  affairs  are  administered  or  controlled  by  such 
subjects,  or  exploited,  in  whole  or  in  part,  for  the  benefit  or  on  the 
account  of  such  subjects,  and  this,  even  when  the  company  shall  have 
.been  registered  in  any  of  the  possessions  of  His  Majesty;  and,  when 
it  shall  be  a  matter  of  a  patent  granted  to  a  person  for  an  invention 
mentioned  in  the  application  or  in  the  description  as  having  been 
communicated  to  this  person  by  a  third  party,  this  third  party  shall 
be  considered,  save  proof  to  the  contrary,  for  the  ends  of  the  present 
Act,  as  being  the  beneficiary  of  the  patent." 

2.  This  Act  may  be  cited  as  the  Patents,  Designs,  and  Trade-Marks 
(amendatory)  Act,  1914,  concerning  the  patents,  designs,  and  trade- 
marks (temporary)  rules;  and  the  Act  of  1914  concerning  the  pat- 
ents, designs,  and  trade-marks  (temporary)  rules  and  the  present 
Act  may  be  cited,  conjointly,  as  the  Acts  of  1914  concerning  the 
patents,  designs,  and  trade-marks  (temporary)  rules. 

(From  La  Propriety  Industrielle,  September,  1914.) 


GREAT  BRITAIN.  275 

PATENTS — DESIGNS — TRADE-MARKS — RULES   (TEMPORARY)   Nos.  1255 
AND  1256 — EFFECTIVE  AUGUST  7,  1914. 

[Statutory  rules  and  orders,   1914,  No.   1255. — Patents,  designs,  and  trade-marks    (tem- 
porary)   rules.   1014,   dated   21st  August,    191-t.] 

By  virtue  of  the  provisions  of  the  Patents,  Designs,  and  Trade- 
Marks  (temporary  rules)  Act,  1914,  the  Board  of  Trade  hereby  make 
the  following  rules : 

1.  The  Board  of  Trade  may,  on  the  application  of  any  person,  and 
subject  to  such  terms  and  conditions,  if  any,  as  they  may  think  fit, 
order  the  avoidance  or  suspension,  in  whole  or  in  part,  of  any  patent 
or  license  granted  to  a  subject  of  any  State  at  war  with  His  Majesty, 
and  the  Board,  before  granting  any  such  application,  may  require  to 
be  satisfied  on  the  following  heads : 

(a)  That  the  patentee  or  licensee  is  the  subject  of  a  State  at  war 
with  His  Majesty. 

(?>)  That  the  person  applying  intends  to  manufacture,  or  cause  to 
be  manufactured,  the  patented  article,  or  to  carry  on,  or  cause  to  be 
carried  .on,  the  patented  process. 

(c)  That  it  is  in  the  general  interests  of  the  country  or  of  a  section 
of  the  community,  or  of  a  trade,  that  such  article  should  be  manufac- 
tured or  such  process  carried  on  as  aforesaid. 

The  fee  to  be  paid  on  any  such  application  shall  be  that  specified 
in  the  first  schedule  to  the  rules  and  the  fee  payable  on  depositing 
foreign  documents  or  other  papers  for  the  purpose  of  a  record  not 
already  provided  for  under  the  Patents  and  Designs  Act,  1907,  and 
the  Trade-Marks  Act,  1905,  shall  be  that  specified  in  the  first  schedule 
to  these  rules. 

An  application  under  this  section  must  be  made  on  Patents  Form 
No.  3f>  contained  in  the  second  schedule  to  these  rules,  and  shall  be 
filed  at  the  Patent  Office. 

The  Board  of  Trade  may,  at  any  time,  in  their  absolute  discretion, 
revoke  an}^  avoidance  or  suspension  of  any  patent  or  license  ordered 
by  them. 

For  the  purpose  of  exercising  in  any  case  the  powers  of  avoiding  or 
suspending  a  patent  or  license,  the  Board  of  Trade  may  appoint  such 
person  or  persons  as  they  shall  think  fit  to  hold  an  inquiry. 

Any  application  to  the  Board  for  the  avoidance  or  suspension  of 
any  patent  or  license  may  be  referred  for  hearing  and  inquiry  to  such 
person  or  persons  who  shall  report  thereon  to  the  Board. 

Provided  always  that  the  Board  of  Trade  may  at  any  time,  if  in 
their  absolute  discretion  they  deem  it  expedient  in  the  public  interest, 
order  the  avoidance  or  suspension  in  whole  or  in  part  of  any  such 
patent  or  license  upon  such  terms  and  conditions,  if  any,  as  they  may 
think  fit. 


276  GREAT  BRITAIN. 

2.  The  comptroller  may,  at  any  time  during  the  continuance  of 
these  rules,  avoid  or  suspend  any  proceedings  on  any  application  made 
under  the  Patents  and  Designs  Act,  1907,  and  the  Trade-Marks  Act. 
1905,  by  a  subject  of  any  State  at  war  with  His  Majesty. 

3.  The  comptroller  may  also  at  any  time  during  the  continuance 
of  these  rules  extend  the  time  prescribed  by  the  Patents  and  Designs 
Act,  1907,  or  the  Trade-Marks  Act,  1905,  or  any  rules  made  there- 
under, for  doing  any  act  or  filing  any  document,  upon  such  terms 
and  subject  to  such  conditions  as  he  may  think  fit  in  the  following 
cases,  namely: 

(a)  Where  it  is  shown  to  his  satisfaction  that  the  applicant,  pat- 
entee, or  proprietor,  as  the  case  may  be,  was  prevented  from  doing 
the  said  act,  or  filing  the  said  document,  by  reason  of  active  service 
or  enforced  absence  from  this  country,  or  any  other  circumstances 
arising  from  the  present  state  of  war,  which  in  the  opinion  of  the 
comptroller  would  justify  such  extension. 

(b]  Where  the  doing  of  any  act  would,  by  reason  of  the  circum- 
stances arising  from  the  present  state  of  war,  be  prejudicial  or  in- 
jurious to  the  rights  or  interests  of  any  applicant,  patentee,,  or  pro- 
prietor as  aforesaid. 

4.  The  term  "  person  "  used  in  these  rules  shall,  in  addition  to  the 
meaning  given  thereto  by  section  19  of  the  Interpretation  Act,  1889, 
include  any  Government  department. 

5.  All  things  required  or  authorized  to  be  done  by,  to,  or  before  the 
Board  of  Trade  may  be  done  by,  to,  or  before  the  president  or  a 
secretary   or  an   assistant  secretary  of  the   Board,  or   any   person 
authorized  in  that  behalf  by  the  President  of  the  Board. 

All  documents  purporting  to  be  orders  made  by  the  Board  of  Trade, 
and  to  be  sealed  with  the  seal  of  the  Board  or  to  be  signed  by  a  secre- 
tary or  an  assistant  secretary  of  the  Board  or  by  any  person  author- 
ized in  that  behalf  by,  the  President  of  the  Board  shall  be  received  in 
evidence  and  shall  be  deemed  to  be  such  orders  without  further  proof 
unless  the  contrary  is  shown. 

A  certificate  signed  by  the  President  of  the  Board  of  Trade  that 
any  order  made  or  act  done  is  the  order  or  act  of  the  Board  shall  be 
conclusive  evidence  of  the  fact  so  certified. 

6.  These  rules  shall  come  into  operation  as  and  from  the  7th  day  of 
August,  1914. 

Dated,  the  21st  day  of  August,  1914. 

WALTER  KUNCIMAN, 
President  of  the  Board  of  Trade. 
(Schedules  omitted  for  lack  of  space. — Ed.} 


GREAT  BRITAIN.  277 

PROCEDURE  TO  BE  FOLLOWED  UNDER  RULES  2  AND  3   OF  THE  ABOVE  RULES. 

Until  further  notice  the  following  procedure  will  be  adopted  in 
dealing  with  all  work  in  connection  with  patents,  designs,  and  trade- 
marks : 

1.  During  the  continuance  of  the  war  no  patent  will  be  sealed  and 
no  registration  of  a  trade-mark  or  design  will  be  granted  to  subjects 
(hereinafter  called  "such  subjects")   of  any  State  at  war  with  His 
Majesty. 

The  term  "  such  subjects  "  will  be  taken  to  include  (a)  a  firm  which 
by  reason  of  its  constitution  may  be  considered  as  managed  or  con- 
trolled by  such  subjects  or  the  business  whereof  is  wholly  or  mainly 
carried  on  on  behalf  of  such  subjects,  (Z>)  a  company  which  has  re- 
ceived its  constitution  in  an  enemy's  State,  (c)  a  company  registered 
in  His  Majesty's  dominions  the  business  whereof  is  managed  or  con- 
trolled by  such  subjects,  or  is  carried  on  wholly  or  mainly  on  behalf 
of  such  subjects. 

2.  As  regards  applications  for  patents,  designs,  or  trade-marks,  no 
distinction  will  in  the  first  place  be  drawn  between  those  made  by 
such  subjects  and  those  made  by  other  persons.     All  proceedings 
thereunder  will  be  carried  on  as  usual  down  to  the  time  of  acceptance, 
but  in  the  case  of  applications  by  such  subjects  formal  acceptance 
will  not  be  issued. 

3.  Applicants  who  fail  to  conform  to  the  provisions  of  the  Patents 
and  Designs  Act,  1905,  the  Trade-Marks  Act,  1905,  and  the  rules  made 
thereunder  will  run  the  risk  of  losing  their  rights,  unless  they  are  able 
to  bring  themselves  under  the  provisions  of  rule  3  of  the  rules  set  out 
above.     Applications  under  rule  3   (a)  should  be  made  and  will  be 
considered  at  such  time  as  the  applicant,  patentee,  or  proprietor  of  a 
design  or  trade-mark,  as  the  case  may  be,  is  in  a  position  to  do  the  said 
act  or  file  the  said  document  as  aforesaid.    Applications  under  rule 
3  (b)  should  be  made  before  the  date  for  the  doing  of  any  such  act. 

4.  As  regards  oppositions  to  the  grant  of  patents  and  the  registra- 
tion of  trade-marks  arising  after  the  commencement  of  the  war, 
(a)  oppositions  by  such  subjects  in  cases  where  the  grant  or  regis- 
tration opposed  is  one  to  a  British  citizen  or  alien  friend  will  not  be 
entertained,     (b)  In  the  case  where  the  grant  or  registration  opposed 
is  a  grant  or  registration  to  any  such  subject,  the  notice  of  opposition 
will  be  accepted,  but  all  further  proceedings  will  be  suspended  until 
the  end  of  the  Avar. 


278  GREAT  BRITAIN. 

5.  As  regards  im7entions  communicated  by  such  subjects  as  afore- 
said in  respect  of  which  patent?  are  applied  for  by  persons  in  this 
country,  these  will  be  treated  in  the  same  manner  as  if  made  directly 
by  the  communicator. 

Dated  21st  day  of  August.  1914. 

W.  TEMPLE  FRANKS, 
Comptroller  General. 

STATUTORY  KULES  AND  ORDERS,  1914,  No.  1256 — TRADE-MARKS. 

TRADE-MARKS    (TEMPORARY)    RULES,   19  1  4,  DATED   2 1ST  AUGUST,   1«>1 4. 

By  virtue  of  the  provisions  of  the  Patents,  Designs,  and  Trade- 
Marks  (temporary  rules)  Act,  1914,  the  Board  of  Trade  hereby  make 
the  following  rules: 

1.  The  Board  of  Trade  may,  on  the  application  of  any  perscn,  and 
subject  to  such  terms  and  conditions,  if  any,  as  they  may  think  fit, 
order  the  avoidance  or  suspension,  in  whole  or  in  part,  of  the  regis- 
tration of  any  trade-mark  the  proprietor  \v hereof  is  a  subject  of  any 
State  at  war  with  His  Majesty;  and  the  Board,  before  granting  any 
such  application,  may  require  to  be  satisfied  on  the  following  heads : 

(a)  That  the  proprietor  is  the  subject  of  a  State  at  Avar  with  His 
Majesty. 

(b)  That  the  person  applying,  intends  to  manufacture,  pr  cause 
to  be  manufactured,  the  goods  or  any  of  them  in  respect  of  which 
the  trade-mark  is  registered. 

(c)  That  it  is  in  the  general  interests  of  the  country  or  of  a  section 
of  the  community,  or  of  a  trade,  that  the  registration  of  the  trade- 
mark should  be  so  avoided  or  suspended. 

The  fee  to  be  paid  on  any  such  application  shall  be  that  specified 
in  the  first  schedule  to  these  rules. 

An  application  under  this  section  must  be  made  on  Form  T.  M. 
No.  36,  contained  in  the  second  schedule  to  these  rules,  and  shall  be 
filed  at  the  Patent  Office. 

The  Board -of  Trade  may  at  any  time,  in  their  absolute  discretion, 
revoke  any  avoidance  or  suspension  of  any  registration  of  a  trade- 
mark ordered  by  them. 

For  the  purpose  of  exercising  in  any  case  the  powers  of  avoiding 
or  suspending  the  registration  of  a  trade-mark  the  Board  of  Trade 
may  appoint  such  person  or  persons  as  they  shall  think  fit  to  hold 
an  inquiry. 

Any  application  to  the  Board  for  the  avoidance  or  suspension  of 
any  registration  of  a  trade-mark  may  be  referred  for  hearing  and 
inquiry  to  such  person  or  persons,  who  shall  report  thereon  to  the 
Board. 


GREAT  BRITAIN.  279 

Provided  always  that  the  Board  of  Trade  may  at  any  time,  if  in 
their  absolute  discretion  they  deem  it  expedient  in  the  public  interest, 
order  the  avoidance  or  suspension,  in  whole  or  in  part,  of  any  such 
registration  of  a  trade-mark  upon  such  terms  and  conditions,  if  any, 
as  they  may  think  fit. 

2.  The  term  "  person  "  used  in  these  rules  shall,  in  addition  to  the 
meaning  given  thereto  b}^  section  19  of  the  Interpretation  Act.  1889, 
include  airv  Government  department. 

3.  All  things  required  or  authorized  to  be  clone  by,  to,  or  before  the 
Board  of  Trade  may  be  done  by,  to,  or  before  the  president  or  a  secre- 
tary or  an  assistant  secretary  of  the  Board  or  any  person  authorized 
in  that  behalf  by  the  President  of  the  Board. 

All  documents  purporting  to  be  orders  made  by  the  Board  of  Trade 
and  to  be  sealed  with  the  seal  of  the  Board  or  to  be  signed  by  a  sec- 
retary or  an  assistant  secretary  of  the  Board  or  by  any  person  author- 
ized in  that  behalf  by  the  President  of  the  Board  shall  be  received 
in  evidence  and  shall  be  deemed  to  be  such  orders  without  further 
proof  unless  the  contrary  is  shown. 

A  certificate  signed  by  the  President  of  the  Board  of  Trade  that 
any  order  made  or  act  done  is  the  order  or  act  of  the  Board  shall  be 
conclusive  evidence  of  the  fact  so  certified. 

4.  These  rules  shall  be  called  the  Trade-Marks  (temporary)  Rules, 
1914,  and  shall  come  into  operation  as  and  from  the  7th  day  of 
August,  1914. 

Dated  the  21st  day  of  August,  1914. 

WALTER  RUN  cm  AN, 
President  of  the  Board  of  Trade. 
(Schedules  omitted  for  lack  of  space. — Ed.) 

DEPOSIT    OF    DOCUMENTS    RELATING    TO    FOREIGN     PATENTS,    DESIGNS,    AND 

TRADE-MARKS. 

In  compliance  with  a  request  made  by  the  Council  of  the  Chartered 
Institute  of  Patent  Agents,  it  has  been  arranged  that  notifications 
and  documents  relating  to  foreign  patents,  designs,  and  trade-marks, 
which  agents  or  others  are  unable  to  forward  to  their  destination 
abroad,  may  be  deposited  in  the  Patent  Office  (room  27),  with  the 
object  of  recording  the  intention  on  the  part  of  the  depositor  to  do 
any  act  or  to  file  any  document  on  a  certain  date  at  a  foreign  patent 
office.  No  guaranty  can,  however,  be  given  that  such  procedure  will 
be  of  any  advantage  to  the  persons  concerned. 

Notifications  and  documents  (other  than  drawings)  so  deposited 
must  be  written  011  foolscap  paper  and  filed  in  duplicate,  and  the 
purpose  for  which  the  deposit  is  required  must  be  stated.  One  copy, 
bearing  a.  2s.  fid.  stamp,  to  be  impressed  at  the  Inland  Revenue  Office 


280  GEEAT  BRITAIN.       . 

(room  28),  will  be  retained  in  the  Office,  and  the  other  copy,  after  be- 
ing numbered  and  dated,  will  be  returned  to  the  applicant. 

A  separate  notice  must  be  given  in  respect  of  each  country,  but 
several  fees  may  be  included  in  one  notice,  provided  that  they  are 
afterwards  to  be  paid  through  one  and  the  same  foreign  agent. 

The  Chartered  Institute  of  Patent  Agents  are  opening  a  trust  ac- 
count into  which  money  in  regard  to  such  matters  may  be  paid,  sub- 
ject to  such  rules  as  the  institute  may  make. 

(From  The  Illustrated  Official  Journal  (Patents],  No.  1336,  Aug. 
26,  1914.) 


PATENTS — DESIGN s — TRADE-MARKS — ALIEN  ENEMY — HEARING — PRO- 
CEDURE— RULE  OF  SEPTEMBER  7,  1914. 

PROCEDURE  TO  BE  FOLLOWED  UNDER  RULE  1  OF  THE  PATENTS,  DESIGNS, 
AND  TRADE-MARKS  (TEMPORARY)  RULES,  THE  TRADE-MARKS  (TEM- 
PORARY) RULES,  AND  THE  DESIGNS  (TEMPORARY)  RULES,  1914. 

(1)  A  copy  of  the  application  when  received  will  be  at  once  sent 
to  the  address  for  service  in  the  United  Kingdom  given  by  the  pat- 
entee, licensee,  or  proprietor  of  the  design  or  trade-mark,  as  the  case 
may  be,  or  to  any  one  whose  name  appears  upon  the  register  as  having 
an  interest  in  the  patent,  design,  or  trade-mark. 

(2)  The  date  for  hearing  the  application  will  be  fixed  on  receipt 
of  the  application  and  will  be  notified  to  the  applicant  and  to  the 
patentee,  proprietor,  or  other  person  interested,  at  his  address  for 
service  in  the  United  Kingdom.    The  application  and  the  date  of  the 
hearing  will  also  be  advertised  in  the  Illustrated  Official  Journal 
(Patents)  or  Trade-Marks  Journal.    The  date  fixed  for  the  hearing 
will  be  not  less  than  seven  days  after  the  advertisement  of  the  appli- 
cation in  the  Journal. 

(3)  The  applicant  must  produce  evidence  at  the  hearing  to  satisfy 
the  tribunal  in  respect  of  (&),  (&),  and  (c)  of  rule  1,  and  that  he  is 
not  himself  an  alien  enemy.    The  evidence  may  be  either  oral  or  by 
way  of  statutory  declaration.     The  patentee  or  proprietor  of  the 
design  or  trade-mark  or  any  one  interested  may  appear  at  the  hear- 
ing in  opposition  to  the  application,  provided  that  notice  of  his 
intention  so  to  appear  be  given  in  writing  to  the  comptroller  at  the 
Patent  Office  before  the  elate  of  the  hearing. 

Dated,  September  7,  1914. 

(Signed)  W.  TEMPLE  FRANKS, 

Comptroller  General. 

(From  the  Illustrated  Official  Journal  (Patents},  No.  1338,  Sept. 
9,1914.) 


GREAT  BRITAIN.  281 

The  Illustrated  Official  Journal.  (Patents) ,  No.  1338,  of  September  9, 
1914,  contains  a  list  of  fourteen  patents  belonging  to  the  alien  enemy, 
for  which  dates  of  hearing  are  set,  to  hear  arguments  as  to  why  said 
patents  should  not  be  suspended  or  declared  void.  Opportunity  is 
given  to  "  any  person  interested  who  desires  to  be  heard  in  opposi- 
tion to  any  of  the  *  applications,"  and  who  "must  give 
notice  in  writing  addressed  to  the  Comptroller  General  of  the  Patent 
Office  before  the  date  given  as  the  approximate  date  of  hearing." 


DESIGNS — RULES  (TEMPORARY),  1914,  No.  1327 — EFFECTIVE  SEPTEM- 
BER 5,  1914. 

STATUTORY  RULES    AND   ORDERS,    1914,   NO.    1327 DESIGNS THE   DESIGNS 

(TEMPORARY)    RULES,    1914,  DATED   SEPTEMBER    5,    1914. 

By  virtue  of  the  provisions  of  the  Patents,  Designs,  and  Trade- 
Marks  (temporary  rules)  Acts.  1914,  the  Board  of  Trade  hereby 
make  the  following  rules: 

1.  The  Board  of  Trade  may,  on  the  application  of  any  person,  and 
subject  to  such  terms  and  conditions,  if  any,  as  they  may  think  fit, 
order  the  avoidance  or  suspension  of  the  registration  and  all  or  any 
rights  conferred  by  the  registration  of  any  design  the  proprietor 
whereof  is  a  subject  of  any  State  at  war  with  His  Majesty,  and 
the  Board,  before  granting  any  such  application,  may  require  to  be 
satisfied  on  the  following  heads : 

(a)  That  the  proprietor  is  the  subject  of  a  State  at  war  with  His 
Majesty. 

(&)  That  the  person  applying  intends  to  manufacture  or  cause  to 
be  manufactured,  the  goods  or  any  of  them  in  respect  of  which  the 
design  is  registered. 

(c)  That  it  is  in  the  general  interests  of  the  country  or  of  a  section 
of  the  community,  or  of  a  trade  that  the  .avoidance  or  suspension 
should  be  ordered. 

The  fee  to  be  paid  on  any  such  application  shall  be  that  specified 
in  the  first  schedule  to  these  rules. 

An  application  under  this  section  must  be  made  on  Form  Designs 
No.  36  contained  in  the  second  schedule  to  these  rules,  and  shall  be 
filed  at  the  Patent  Office. 

The  Board  of  Trade  may  at  any  time,  in  their  absolute  discretion, 
revoke  any  avoidance  or  suspension  ordered  by  them. 

For  the  purpose  of  exercising  in  any  case  their  powers  of  avoid- 
ance or  suspension  the  Board  of  Trade  may  appoint  such  person  or 
persons  as  they  shall  think  fit  to  hold  an  inquiry. 


282  GREAT  BRITAIN. 

Any  application  to  the  Board  for  any  such  avoidance  or  suspension 
may  be  referred  for  hearing  and  inquiry  to  such  person  or  persons 
who  shall  report  thereon  to  the  Board. 

Provided  always  that  the  Board  of  Trade  may  at  any  time,  if  in 
their  absolute  discretion  they  deem  it  expedient  in  the  public  interest, 
order  the  avoidance  or  suspension  of  any  such  registration  and  all  or 
any  rights  conferred  by  the  registration  of  a  design  upon  such  terms 
and  conditions,  if  any,  as  they  may  think  fit. 

2.  The  term  "  person  "  used  in  these  rules  shall,  in  addition  to  the 
meaning  given  thereto  by  section  19  of  the  Interpretation  Act.  1889, 
include  any  Government  department. 

3.  All  things  required  or  authorized  to  be  done  by,  to,  or  before  the 
Board  of  Trade  may  be  done  by,  to,  or  before  the  president  or  a  sec- 
retary or  an  assistant  secretary  of  the  Board,  or  any  person  author- 
ized in  that  behalf  by  the  President  of  the  Board. 

All  documents  purporting  to  be  orders  made  by  the  Board  of 
Trade  and  to  be  sealed  with  the  seal  of  the  Board  or  to  be  signed  by 
a  secretary  or  an  assistant  secretary  of  the  Board  or  by  any  person 
authorized  in  that  behalf  by  the  President  of  the  Board  shall  be 
received  in  evidence  and  shall  be  deemed  to  be  such  orders  without 
further  proof  unless  the  contrary  is  shown. 

A  certificate  signed  by  the  President  of  the  Board  of  Trade  that 
any  order  made  or  act  done  is  the  order  or  act  of  the  Board  shall  be 
conclusive  evidence  of  the  fact  so  certified. 

4.  These  rules  shall  be  called  the  Designs  (temporary)  Rules,  1914, 
and  shall  come  into  operation  as  and  from  the  5th  day  of  September, 
1914. 

Dated  the  5th  day  of  September,  1914. 

(Signed)  WALTER  RUNCIMAN, 

President  of  the  Board  of  Trade. 

(From  the  Illustrated  Official  Journal  (Patents),  No.  1340.  Sept. 
23,  1914.) 

PATENTS — DESIGNS — RULES    (TEMPORARY),  1914,  No.  1328,  OF  SEP- 
TEMBER 7,  1914. 

STATUTORY  RULES  AND  ORDERS,  1914,  NO.  1028 PATENT  AND  DESIGNS— 

THE  PATENTS  AND  DESIGNS    (TEMPORARY)   RULES,  1914,  DATED  SEP- 


By  virtue  of  the  provisions  of  the  Patents,  Designs,  and  Trade - 
Marks  (temporary)  Rules  Acts,  1914,  the  Board  of  Trade  do  hereby 
make  the  following  rules : 

1.  In  any  case  in  which  the  Board  of  Trade  makes  an  order  by  vir- 
tue of  the  powers  vested  in  them  under  the  provisions  of  the  Patents, 


GEE  AT  BRITAIET.  283 

Designs,  and  Trade-Marks  (temporary)  Rules  Acts,  1914,  and  under 
any  rules  made  under  these  Acts  or  either  of  them,  avoiding  or  sus- 
pending in  whole  or  in  part  a  patent,  or  avoiding  or  suspending  the 
registration  and  all  or  any  rights  conferred  by  the  registration  of 
any  design  the  Board  may  in  their  discretion  grant  in  favor  of 
persons  other  than  the  subject  of  any  state  at  war  with  His' Majesty, 
licenses  to  make,  use,  exercise,  or  vend  the  patented  invention  or 
registered  design  so  avoided  or  suspended  upon  such  terms  and  con- 
ditions, and  either  for  the  wThole  term  of  the  patent  or  registration 
of  the  design,  or  for  such  less  period  as  the  Board  of  Trade  may 
think  fit. 

2.  These  rules  shall  be  read  and  construed  as  one  with  the  Patents, 
Designs,  and  Trade-Marks  (temporary)  Rules,  1914,  dated  21st  of 
August.  1914,  and  the  Designs  Rules,  1914,  dated  5th  of  September, 
1914. 

Dated  this  7th  day  of  September,  1914. 

(Signed)  WALTER  RTJNCIMAN, 

President  of  the  Board  of  Trade. 

(From  the  Official  Illustrated  Journal  (Patents],  No.  1340,  Sept. 
23,  1914.) 


PATENTS — TRADE-MARKS — DESIGNS — TRADING    WITH    THE    ENEMY- 
LICENSE  TO  PAY  TAXES,  ETC.,  OF  SEPTEMBER  23,  1914. 

Whereas  by  royal  proclamation  relating  to  trading  with  the  enemy, 
dated  the  9th  day  of  September,  1914,  it  was,  amongst  other  things, 
declared  as  follows : 

"  The  expression  '  enemy  country '  in  this  proclamation  means  the 
territories  of  the  German  Empire  and  of  the  dual  monarchy  of  Aus- 
tria-Hungary, together  with  all  the  colonies  and  dependencies 
thereof." 

"  The  expression .'  enemy  '  in  this  proclamation  means  any  person  or 
body  of  persons  of  whatever  nationality  resident  or  carrying  on  busi- 
ness in  the  enemy  country.  In  the  case  of  incorporated  bodies  enemy 
character  attaches  only  to  those  incorporated  in  an  enemy  country." 

And  whereas  it  was  also  declared  by  the  said  proclamation  that 
from  and  after  the  date  of  the  said  proclamation  all  persons  resident, 
carrying  on  business,  or  being  in  His  Majesty's  dominion  were  pro- 
hibited from  doing  certain  acts  therein  more  specifically  referred  to. 

And  whereas  it  was  further  declared  by  the  said  proclamation  as 
follows : 

"  Nothing  in  this  proclamation  shall  be  taken  to  prohibit  anything 
which  shall  be  expressly  permitted  by  our  license  or  by  the  license 
given  on  our  behalf  by  a  Secretary  of  State  or  the  Board  of  Trade. 


284  GREAT  BRITAIN. 

whether  such  licenses  be  especially  granted  to  individuals  or  be  an- 
nounced as  applying  to  classes  of  persons." 

And  whereas  it  appears  desirable  to  grant  the  license  hereinafter  set 
out:  ;i/'' 

Now,  therefore,  the  Board  of  Trade,  acting  on  behalf  of  His 
Majesty  and  in  pursuance  of  the  power  reserved  in  the  said  proc- 
lamation, do  hereby  give  and  grant  license  to  all  persons  resident, 
carrying  on  business,  or  being  in  His  Majesty's  dominions. 

To  pay  any  fees  necessary  for  obtaining  the  grant,  or  for  obtaining 
the  renewal,  of  patents  or  for  obtaining  the  registration  of  designs  or 
trade-marks,  or  the  renewal  of  such  registration  in  any  "  enemy 
country." 

And  also  to  pay  on  behalf  of  an  "  enemy  "  any  fees  payable  on  appli- 
cation for  or  renewal  of  the  grant  of  a  British  patent,  or  on  applica- 
tion for  the  registration  of  British  designs  or  trade-marks  or  the 
renewal  of  such  registration. 

Dated  this  23d  day  of  September,  1914. 

For  and  on  behalf  of  the  Board  of  Trade. 

(Signed)  H.  LLEWELLYN  SMITH, 

Secretary  of.  the  said  Board. 

(From  the  Illustrated  Official  Journal  (Patents),  No.  1341,  Sept, 
30,1914.) 

..'....          .  i 

PATENTS — DESIGNS — TRADE-MARKS — PRIORITY — WAR  MEASURES — EX- 
TENSIONS or  THE  TERMS  or  PRIORITY  ESTABLISHED  BY  THE  UNION. 

In  211  Official  Gazette,  288,  is  published  the  translation  of  Circular 
158/1351  of  the  International  Bureau  at  Berne,  announcing  the  exten- 
sion of  the  terms  of  priority  established  by  the  Union,  on  account  of 
the  present  state  of  war: 

CHEAT   BRITAIN. 

Great  Britain  calls  our  attention  to  the  fact  that  No.  3  of  the  (temporary) 
regulations  of  August  21,  1914,  on  patents,  designs,  and  trade-marks1  author- 
izes the  granting  of  extensions  of  terms  in  the  United  Kingdom  in  all  cases 
where  circumstances  due  to  the  war  may  be  invoked  in  good  faith  as  having 
prevented  the  filing  of  an  application  for  patent,  a  design,  or  a  trade-mark 

1  This  provision  authorizes  the  Comptroller  General  of  Patents  to  extend  any  term  speci- 
fied for  the  performance  of  any  act  or  for  the  filing  of  any  document  in  either  of  the  fol- 
lowing cases  : 

(a)  When  it  shall  have  been  shown  *  *  *  that  the  applicant  *  *  *  has  been 
prevented  from  performing  the  act  or  filing  the  respective  document  by  reason  of  active 
service,  enforced  absence  from  this  country,  or  for  any  other  reason  due  to  the  present 
state  of  war  which  in  the  opinion  of  the  comptroller  is  of  such  nature  as  to  justify  an 
extension  of  terms. 

(6)  When  by  reason  of  circumstances  resulting  from  the  present  state  of  war  the  per- 
formance of  an  act  prescribed  would  have  been  detrimental  or  harmful  to  the  interests 
of  the  applicant.  *  *  * 


GREAT  BRITAIN.  285 

within  the  specified  term.  According  to  the  British  Patent  Office,  the  provision 
referred  to  above  authorizes  an  extension  of  the  terms  established  by  section  91 
of  the  Patent  and  Designs  Act  of  1907  for  the  filing  of  applications  entitled  to  the 
benefits  of  the  International  Convention  for  the  Protection  of  Industrial  Prop- 
erty. The  Comptroller  of  Patents  will  exercise  this  faculty  in  the  cases  provided 
for  under  (a)  and  (&)  of  No.  3  of  the  regulations  referred  to  when  circumstances 
may  appear  to  him  to  require  it.  Each  case  will  be  investigated  by  himself 
upon  the  application  of  the  interested  party,  and  there  is  no  intention  of  pro- 
ceeding to  a  general  extension  of  the  terms  of  priority  applicable  indifferently 
to  all  cases.  Under  the  terms  of  section  3  of  the  law  of  1914  relative  to  the 
regulations  (temporary)  with  regard  to 'patents,  designs,  and  trade-marks,  the 
regulations  issued  by  virtue  of  such  law  shall  remain  in  force  during  the  entire 
period  of  the  war,  and  for  six  months  thereafter. 


PATENTS — DESIGNS — TTADE  -  MARKS — FEES — TAXES — ENEMY     COUN- 
TRIES— LICENSE — ORDER  or  NOVEMBER  4,  1914. 

TRADING    WITH    THE    ENEMY PAYMENT   OF    PATENTS,    DESIGNS,    AND 

TRADE-MARKS    FEES. 

Whereas  by  royal  proclamation  relating  to  trading  with  the  enemy, 
dated  the  9th  day  of  September,  1914,  it  was,  amongst  other  things, 
declared  as  follows : 

"  The  expression  '  enemy  country '  in  this  proclamation  means  the 
territories  of  the  German  Empire  and  of  the  Dual  Monarchy  of 
Austria,  together  with  all  the  colonies  and  dependencies  thereof. 

"  The  expression  '  enemy '  in  this  proclamation  means  any  person 
or  body  of  persons  of  whatever  nationality  resident  or  carrying  on 
business  in  the  enemy  country,  but  does  not  include  persons  of  enemy 
nationality  who  are  neither  resident  nor  carrying  on  business  in  the 
enemy  country.  In  the  case  of  incorporated  bodies,  enemy  character 
attaches  only  to  those  incorporated  in  any  enemy  country." 

And  whereas  it  was  also  deolared  by  the  said  proclamation  that 
from  and  after  the  date  of  the  said  proclamation  the  persons  therein 
referred  to  were  prohibited  from  doing  certain  acts  therein  more 
specifically  mentioned : 

And  whereas  it  was  further  declared  by  the  said  proclamation  as 
follows : 

"  Nothing  in  this  proclamation  shall  be  taken  to  prohibit  anything 
which  shall  be  expressly  permitted  by  our  license  or  by  the  license 
given  on  our  behalf  by  a  Secretary  of  State  or  the  Board  of  Trade, 
whether  such  licenses  be  specially  granted  to  individuals  or  be  an- 
nounced as  applying  to  classes  of  persons." 

And  whereas  in  pursuance  of  the  po\vers  conferred  by  the  Trading- 
with-the-Enemy  Proclamation  No.  2  of  the  Board  of  Trade,  acting  on 
behalf  of  His  Majesty  TDV  license  dated  the  23d  day  of  September, 


286  GREAT  BRITAIN. 

1914.  granted  license  to  the  persons  therein  referred  to  to  pay  the 
fees  therein  more  specifically  mentioned; 

And  whereas  by  proclamation  dated  the  8th  day  of  October,  1914, 
the  said  proclamation  dated  the  9th  day  of  September,  1914,  called 
the  Trading-with-the-Enemy  Proclamation  No.  2,  was  amended  as 
therein  more  specifically  set  forth,  and  the  said  proclamation  of  the 
8th  clay  of  October,  1914,  was  to  be  read  as  one  with  the  Trading- 
with-the-Enemy  Proclamation  No.  2; 

And  whereas  in  consequence  of  the  provisions  of  the  said  procla- 
mation dated  the  8th  day  of  October,  1914,  it  is  desirable  to  restate 
and  modify  the  provisions  contained  in  the  before-recited  license 
dated  the  23d  day  of  September,  1914. 

Now,  therefore,  the  Board  of  Trade,  acting  on  behalf  of  His 
Majesty,  and  in  pursuance  of  the  power  reserved  in  the  said  proc- 
lamation and  all  other  powers  thereunto  them  enabling,  do  hereby 
give  and  grant  license  to  all  persons  resident,  carrying  on  business 
or  being  in  the  United  Kingdom — 

To  pay  any  fees  necessary  for  obtaining  the  grant  for  or  for  obtain- 
ing the  renewal  of  patents  or  for  obtaining  the  registration  of  designs 
or  trade-marks  or  the  renewal  of  such  registration  in  an  "  enemy 
country  " ; 

And  also  to  pay  on  behalf  of  an  "  enemy  "  any  fees  payable  in  the 
United  Kingdom  on  application  for  or  renewal  of  the  grant  of  a 
patent  or  on  application  for  the  registration  of  designs  or  trade- 
marks or  the  renewal  of  such  registration. 

Dated  this  4th  day  of  November,  1914. 

(Signed)  H.  LLEWELLYN  SMITH, 

Secretary  of  the  said  Board. 

(From  Illustrated  Official  Journal  (Patents],  Nov.  11.  1914,  No. 
1347.) 


PATENTS — DESIGNS — TRADE-MARKS — FOREIGN — DEPOSIT     OF     DOCU- 
MENTS— OFFICIAL  NOTICE. 

In  compliance  with  a  request  made  by  the  Council  of  Chartered 
Institute  of  Patent  Agents  it  has  been  arranged  that  notifications 
and  documents  relating  to  foreign  patents,  designs,  and  trademarks, 
which  agents  or  others  are  unable  to  forward  to  their  destination 
abroad,  may  be  deposited  in  the  Patent  Office  (room  27)  with  the 
object  of  recording  the  intention  on  the  part  of  the  depositor  to  do 
any  act  or  to  file  any  document  on  a  certain  date  at  a  foreign  Patent 
Office.  No  guaranty  can,  however,  be  given  that  such  procedure 
will  be  of  any  advantage  to  the  persons  concerned. 


GREAT  BRITAIN.  287 

Notifications  and  documents  (other  than  drawings)  so  deposited 
must  be  written  on  foolscap  paper  and  filed  in  duplicate,  and  the 
purpose  for  which  the  deposit  is  required  must  be  stated.  One  copy, 
bearing  a  2s.  6d.  stamp  (see  Patents,  Designs,  and  Trade-Marks 
Rules,  1914),  to  be  impressed  at  the  Inland  Revenue  Office  (room  28), 
will  be  retained  in  the  Office,  and  the  other  copy,  after  being  num- 
bered and  dated,  will  be  returned  to  the  applicant. 

A  separate  notice  must  be  given  of  each  country,  but  several  fees 
may  be  included  in  one  notice,  provided  that  they  are  afterwards  to 
be  paid  through  one  and  the  same  foreign  agent. 

The  Chartered  Institute  of  Patent  Agents  are  opening  a  trust 
account,  into  which  money  in  regard  to  such  matters  may  be  paid, 
subject  to  such  rules  as  the  institute  may  make. 

(From  Illustrated  Official  Journal  (Patents),  Nov.  25,  1914,  No. 
1349.) 

PATENTS — TRADE-MARKS — ALIEN  ENEMIES — AVOIDANCE  OR  SUSPEN- 
SION— PATENTS,  DESIGNS,  AND  TRADE-MARKS  (TEMPORARY  RULES) 
ACTS,  1914. 

ALIEN  ENEMIES. 

Patents,  Designs,  and  Trade-Marks   (temporary  rules)  Acts,  191^ 

For  the  information  of  the  public  it  is  thought  desirable  that  the 
general  principles  upon  which  the  Board  of  Trade  will  act  in  dealing 
with  applications  for  the  avoidance  or  suspension  of  patents  and 
trade-marks  under  the  above  Acts  should  be  made  known.  The  prin- 
ciple given  below  may  be  taken  as  generally  applicable,  but  special 
cases  must  necessarily  receive  exceptional  treatment. 

Patents. 

Licenses  will,  as  a  general  rule,  be  granted,  where  the  applicants 
fulfill  the  necessary  conditions,  set  out  in  rule  1  of  the  temporary 
rules: 

(1)  Where  there  is  no  manufacture  in  this  country  under  the  pat- 
ent, and  also — 

(2)  Where  what  manufacture  there  is,  is  carried  on  by  a  company 
or  firm  on  behalf  of  alien  enemies  resident  abroad,  and  there  is  any 
reason  to  doubt  that  the  manufacture  will  continue  to  be  carried  onv 
or  where  it  is  in  the  interests  of  the  country  that  some  other  manu- 
facture should  be  started  in  the  British  interests. 

03169 — 19 19 


288  GREAT   BRITAIN. 

Trade-marks. 

Suspension  will,  as  a  general  rule,  only  be  granted  in  the  following 
cases : 

(1)  Where  the  trade-mark  is  the  name  of  a  patented  article,  and  a 
license  is  granted  under  the  patent  protecting  it. 

(•2)  Where  it  is  the  only  name  or  only  practicable  name  of  an 
article  manufactured  under  an  expired  patent. 

(3)  Where  it  is  the  name  or  the  only  practicable  name  of  an  article 
manufactured  in  accordance  with  a  known  process  or  formula  which 
has  been  published  or  is  well  known  in  the  trade. 

Generally  speaking,  suspension  will  not  be  granted  in  the  case  of 
pictorial  devices. 

(From  Illustrated  Official  Journal  (Patents],  Nov.  11.  1914,  No. 
1347.) 

PATENTS — TRADE-MARKS — FOREIGN  APPLICATIONS — TAXES — WAR 
MEASURES — OFFICIAL  INTERPRETATION . 

DEPARTMENT  OF  THE  INTERIOR, 

UNITED  STATES  PATENT  OFFICE, 
Washington,  D.  O.,  December  8,  1914. 

The  following  letter  from  the  American  Ambassador  at  London 
and  the  inclosures  referred  to  therein,  which  have  been  received  from 
the  Secretary  of  State,  are  published  for  the  information  of  those 
concerned. 

(Signed)  THOMAS  EWING, 

Commissioner. 


[Copy.] 

No.  554.]  EMBASSY  OF  THE  UNITED  STATES  OF  AMERICA, 

London,  November  4>  19 H. 

The  Honorable  the  SECRETARY  OF  STATE,  Washington: 

SIR:  With  reference  to  your  unnumbered  instruction  of  Septem- 
ber 16  last  on  the  subject  of  taxes  on  patents  and  the  filing  of 
applications  therefor  in  Great  Britain,  I  have  the  honor  to  transmit- 
herewith  inclosed  a  copy  of  a  note  I  have  just  received  from  the 
Foreign  Office,  together  with  its  inclosures  relating  to  this  matter. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

(Signed)  WALTER  HINES  PAGE. 

Inclosure:  Sir  E.  Grey  to  Mr.  Page,  November  3,  1914,  with 
inclosures. 


GREAT  BRITAIN.  289 

[Copy.] 

Sir  Edward  Grey  presents  his  compliments  to  the  United  States 
Ambassador,  and  has  the  honor  to  acknowledge  receipt  of  His  Excel- 
lency's note  of  October  2,  respecting  the  payment  of  patent  fees  due 
to  His  Majesty's  Government  by  United  States  citizens. 

Sir  Edward  Grey  has  the  honor  to  transmit  herewith  in  reply  a 
copy  of  a  memorandum  on  the  subject,  together  with  the  documents 
referred  to  therein,  which  has  been  drawn  up  by  the  Comptroller 
General  of  Patents,  Designs,  and  Trade-Marks. 

Sir  Edward  Grey  has  the  honor  to  call  Mr.  Page's  attention  to  the 
arrangements  which  have  been  made  by  His  Majesty's  Government 
in  order  to  prevent  the  interests  of  applicants  for  patents,  designs, 
or  trade-marks,  of  patentees  and  of  proprietors  of  designs  or  trade- 
marks being  prejudiced  by  their  failure  to  do  any  act  or  file  any 
document  required  under  the  Patents  and  Designs  Act  (1907).  or  the 
Trade-Marks  Act  (1905),  when  such  failure  is  due  to  circumstances 
arising  from  the  war. 

FOREIGN  OFFICE,  November  3, 1914. 


[Copy.] 

Under  the  provisions  of  section  1  (1)  of  the  Patents,  Designs,  and 
Trade-Marks  (temporary  rules)  Act,  1914,  the  Board  of  Trade  were 
inter  alia  given  power  to  make  rules  and  do  such  things  as  they  think 
expedient  for  extending  the  time  within  which  any  act  or  thing  may 
or  is  required  to  be  done  under  the  Patents  and  Designs  Act,  1907, 
and  the  Trade-Marks  Act,  1905. 

By  virtue  of  this  power  the  Board  on  the  21st  of  August  last  issued 
the  Patents,  Designs,  and  Trade-Marks  (temporary)  Kules,  rule  3  of 
which  runs  as  follows : 

•  The  comptroller  may  also  at  any  time  during  the  continuance  of  these  rules 
extend  the  time  prescribed  by  the  Patents  and  Designs  Act,  1907,  or  the  Trade- 
Marks  Act,  1905,  or  any  rules  made  thereunder,  for  doing  any  act  or  filing  any 
document,  upon  such  terms  and  subject  to  such  conditions  as  he  may  think  fit 
in  the  following  cases,  namely  : 

(a)  Where  it  is  shown  to  his  satisfaction  that  the  applicant,  patentee,  or  pro- 
prietor, as  the  case  may  be,  was  prevented  from  doing  the  said  act  or  filing  the 
said  document,  by  reason  of  active  service  or  enforced  absence  from  this  country 
or  any  other  circumstances  arising  from  the  present  state  of  war,  which,  in  the 
opinion  of  the  comptroller,  would  justify  such  extension. 

(&)  Where  the  doing  of  any  act  would,  by  reason  of  the  circumstances  arising 
from  the  present  state  of  war,  be  prejudicial  or  injurious  to  the  rights  or  in- 
terests of  any  applicant,  patentee,  or  proprietor  as  aforesaid. 


290  GREAT  BRITAIN. 

It  will  be  observed  that  under  this  rule  the  comptroller  has  power  to 
extend  the  time  for  doing  any  of  the  things  mentioned  in  the  American 
Ambassador's  letter  provided  the  circumstances  of  the  case  come 
within  the  provisions  of  paragraphs  (a)  and  (b)  of  that  rule. 

The  procedure  to  be  followed  in  cases  where  extensions  are  necessary 
is  set  out  in  paragraph  3  of  the  "  Procedure  to  be  followed  under  rules 
2  and  3  of  the  rules,"  and  in  this  connection  it  should  be  noted  that 
an  application  for  an  extension  of  time  within  which  an  applicant  for 
a  patent,  design,  or  trade-mark,  patentee,  or  proprietor  of  a  design 
or  trade-mark,  may  do  any  act  (such  as  the  payment  of  a  fee),  or  file 
any  document  should  not  be  made  until  the  applicant,  patentee,  or 
proprietor  of  a  design  or  trade-mark,  as  the  case  may  be,  is  in  a  posi- 
tion to  do  the  said  act  or  file  the  said  document.  On  the  other  hand, 
any  application  or  request  to  the  comptroller  to  abstain  from  doing 
any  act  should  be  made  before  the  date  for  the  doing  of  any  such  act. 

(Signed)  W.T.F. 

(From  209  Official  Gazette,  1054.) 

PATENTS — DESIGNS — TRADE-MARKS — PRACTICE — RULES  (  TEMPORARY  ) 
Nos.  1255  AND  1256 — PROCEDURE  (AMENDATORY)  or  JUNE  1, 1915. 

PATENTS,  DESIGNS,  AND  TRADE-MARKS    (TEMPORARY)    RULES,   1914,  DATED 

2 1ST  OF  AUGUST,   1914. 

[Procedure  to  be  followed  under  rules  2  and  3  of  the  above  rules. — This  procedure  is 
substituted  for  the  procedure  dated  the  21st  of  August,  1914.] 

Until  further  notice  the  following  procedure  will  be  adopted  in 
dealing  with  all  work  in  connection  with  patents,  designs,  and  trade- 
marks: 

1.  During  the  continuance  of  the  war  no  patent  will  be  sealed  and 
no  registration  of  a  trade-mark  or  design  will  be  granted  to  subjects 
(hereinafter  called  "such  subjects")  of  any  State  at  war  with  His 
Majesty. 

The  term  "  such  subjects,"  except  for  the  purposes  of  paragraph  4 
hereof,  will  be  taken  to  include  (a)  a  firm  which  by  reason  of  its  con- 
stitution may  be  considered  as  managed  or  controlled  by  such  subjects 
or  the  business  whereof  is  wholly  or  mainly  carried  on  on  behalf  of 
such  subjects;  (&)  a  company  which  has  received  its  constitution  in 
an  enemy's  State;  (c)  a  company  registered  in  His  Majesty's  domin- 
ions the  business  whereof  is  managed  or  controlled  by  such  subjects, 
or  is  carried  on  wholly  or  mainly  on  behalf  of  such  sub  jeers. 

2.  As  regards  applications  for  patents,  designs,  or  trade-marks  no 
distinction  will  in  the  first  place  be  drawn  between  those  made  by 
such  subjects  and  those  made  by  other  persons.     All  proceedings 
thereunder  will  be  carried  on  as  usual  down  to  and  including  accept- 


GEEAT  BRITAIN.  291 

ance;  but  in  the  case  of  applications  by  such  subjects  all  proceedings 
thereon  subsequent  to  acceptance  (except  such  proceedings  and  mat- 
ters as  are  mentioned  in  sec.  9  of  the  Patents  and  Designs  Act,  1907) 
will  be  suspended  until  otherwise  directed. 

The  suspension  of  proceedings  upon  applications  by  such  subjects 
will  only  be  recalled  or  discharged  upon  proper  terms,  including,  if 
thought  fit,  the  release  of  the  applicant  of  the  privileges  and  rights 
which  he  would  otherwise  have  under  section  10  of  the  Patents  and 
Designs  Act,  1907. 

3.  Applicants  who  fail  to  conform  to  the  provisions  of  the  Patents 
and  Designs  Act,  1907,  the  Trade-Marks  Act,  1905,  and  the  rules  made 
thereunder  will  run  the  risk  of  losing  their  rights  unless  they  are  able 
to  bring  themselves  under  the  provisions  of  rule  3  of  the  above  rules. 
Applications  under  rule  3  (a)  should  be  made  and  will  be  considered 
at  such  time  as  the  applicant,  patentee,  or  proprietor  of  a  design  or 
trade-mark  as  the  case  may  be,  is  in  a  position  to  do  the  said  act  or 
file  the  said  document  as  aforesaid.    Applications  under  rule  3  (fr) 
should  be  made  before  the  date  for  the  doing  of  any  such  act. 

4.  As  regards  oppositions  to  the  grant  of  patents  and  the  registra- 
tion of  trade-marks,  arising  after  the  commencement  of  the  war 
(a)  oppositions  by  such  subjects  in  cases  where  the  grant  or  registra- 
tion opposed  is  one  to  a  British  citizen  or  alien  friend  will  not  be 
entertained,     (b)  In  the  case  where  the  grant  or  registration  opposed 
is  a  grant  or  registration  to  any  such  subject  the  notice  of  opposition 
will  be  accepted,  but  all  further  proceedings  will  be  suspended  until 
the  end  of  the  war. 

5.  As  regards  inventions  communicated  by  such  subjects  as  afore- 
said in  respect  of  which  patents  are  applied  for  by  persons  in  this 
country,  these  will  be  treated  in  the  same  manner  as  if  made  directly 
by  the  communicator. 

Dated  1st  day  of  June,  1915. 

(Signed)  W.  TEMPLE  FRANKS, 

Comptroller  General. 


PATENTS — LICENSES — WAR  MEASURE — TEMPORARY  RULES  (AMENDA- 
TORY) OF  JUNE  17,  1915. 

STATUTORY  RULES  AND  ORDERS,  1915,  NO.  591 PATENTS,  DESIGNS,  AND 

TRADE-MARKS  (TEMPORARY)  RULES,  1915,  DATED  JUNE  17,  1915. 

Whereas  by  the  Patents,  Designs,  and  Trade-Marks  Temporary 
Rules  (amendment)  Act,  1914,  it  was  provided,  amongst  other  things, 
that  the  Patents,  Designs,  and  Trade-Marks  (temporary  rules)  Act, 
1914,  should  have  effect,  and  be  deemed  always  to  have  had  effect,  as  if 


292  GREAT  BRITAIN. 

the  words  "  any  patent  or  license  granted  to  a  subject  of  any  State  at 
war  with  His  Majesty  "  there  were  substituted  the  words  "  any  patent 
or  license  the  person  entitled  to  the  benefit  of  which  is  the  subject  of 
any  State  at  war  with  His  Majesty"; 

And  whereas  by  the  rules  made  under  the  last-mentioned  Act  pro- 
vision was  made  for  the  avoidance  and  suspension  in  whole  or  in 
part  of  any  patent  or  license  granted  to  a  subject  of  any  State  at 
war  with  His  Majesty : 

Now,  therefore,  in  pursuance  of  the  powers  conferred  on  them 
by  the  said  Acts,  the  Board  of  Trade  hereby  make  the  following  rule : 

It  is  hereby  declared  that  the  said  rules  shall  have  effect,  and  shall  be  deemed 
always  to  have  had  effect,  as  if  a  substitution  similar  to  the  above-cited  substi- 
tution had  been  made  therein,  that  is  to  say,  as  if  in  the  said  rules  for  the 
words  "  any  patent  or  license  granted  to  a  subject  of  any  State  at  war  with 
His  Majesty  "  there  were  substituted  the  words  "  any  patent  or  license  the 
person  entitled  to  the  benefit  of  which  is  the  subject  of  any  State  at  war  with 
His  Majesty." 

Dated  the  17th  day  of  June,  1915. 

(Signed)  WALTER  BUNCIMAN, 

President  of  the  Board  of  Trade. 

(From  the  Illustrated  Official  Journal  (Patents},  June  30,  1915, 
No.  1380.) 

PATENTS — WORKING — PATENTS    AND    DESIGNS    ACT    (PARTIAL    SUS- 
PENSION) ACT,  1915. 

CHAPTER  85. — An  Act  to  suspend  the  operation  of  section  27  of  the 
Patents  and  Designs  Act,  1907,  during  the  continuance  of  the  pres- 
ent war,  and  for  a  period  of  six  months  thereafter  (23d  November, 
1915). 

Be  it  enacted  ~by  the  King^s  most  Excellent  Majesty,  ~by  and  with 
the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal,  and 
Commons,  in  this  present  Parliament  assembled,  and  by  the  authority 
of  the  same,,  as  follows: 

1.  The  operation  of  section  27  of  the  Patents  and  Designs  Act,  1907, 
shall  be  suspended  during  the  continuance  of  the  present  war,  and  a 
period  of  six  months  thereafter,  and  in  reckoning  the  period  of  four 
years  mentioned  in  the  said  section  the  period  during  which  that  sec- 
tion is  suspended  by  virtue  of  this  Act  shall  not  be  taken  into  account. 

2.  This  Act  may  be  cited  as  the  Patents  and  Designs  Act  (partial 
suspension)  Act,  1915. 

(From  Illustrated  Official  Journal   (Patents],  Dec.  15,  1915.) 


;  GREAT  BRITAIN.  293 

PATENTS — DESIGNS — DETRIMENTAL     TO     PUBLIC     SAFETY — APPLICA- 
TIONS— REGULATION — ORDER  IN  COUNCIL  OF  OCTOBER  14,  1915. 

[Extract  from  Order  in  Council  of  14th  October,  1915.] 

At  the  Couri  at  Buckingham  Palace,  the  14th  day  of  October,  1915- 

Present :  The  King's  Most  Excellent  Majesty  in  Council. 

Whereas  by  an  Order  in  Council,  dated  the  28th  day  of  November, 
1914,  His  Majesty  was  pleased  to  make  regulations,  (called  the  de- 
fense of  the  realm  [consolidation]  regulations,  1914)  under  the 
Defense  of  the  Realm  Consolidation  Act,  1914,  for  securing  the 
public  safety  and  the  defense  of  the  realm; 

Arid  whereas  the  said  Act  has  been  amended  by  the  Defense  of  the 
Realm  (amendment)  Act,  1915,  the  Defense  of  the  Kealm  (amend- 
ment), No.  2,  Act,  1915,  and  the  Munitions  of  War  Act,  1915; 

And  whereas  the  said  regulations  have  been  amended  by  Orders 
in  Council,  dated  the  23d  day  of  March,  the  13th  day  of  April,  the 
29th  day  of  April,  the  2d  day  of  June,  the  10th  day  of  June,  the  6th 
day  of  July,  the  28th  day  of  July,  and  the  24th  day  of  September, 
1915: 

And  whereas  it  is  expedient  further  to  amend  the  said  regulations 
in  manner  hereinafter  appearing; 

Now,  therefore,  His  Majesty  is  pleased,  by  and  with  the  advice 
of  His  Privy  Council,  to  order,  and  it  is  hereby  ordered,  that  the  fol- 
lowing amendments  be  made  in  the  said  regulations : 

*****  * 

2.  After  regulation  ISa  the  following  regulation  shall  be  inserted : 

ISb.  (1)  Where  an  application  has  been  made,  whether  before  or  after  the 
date  of  the  making  of  this  Order,  for  the  grant  of  a  patent  or  the  registration 
of  a  design  in  the  United  Kingdom,  and  the  comptroller  general  of  patents, 
designs,  and  trade-marks  is  satisfied  that  the  publication  of  the  invention  or 
design  might  be  detrimental  to  the  public  safety  or  the  defense  of  the  realm,  or 
might  otherwise  assist  the  enemy  or  endanger  the  successful  prosecution  of 
the  war,  he  may  delay  the  acceptance  of  the  complete  specification  filed  with 
the  application  for  the  patent  or,  as  the  case  may  be,  the  registration  of  the 
design,  and  in  such  case  may  by  order  prohibit — 

(a)  The  publication  or  communication  in  any  way  of  the  invention  or 
design ; 

(1)  Application  being  made  for  the  protection  of  the  invention  or  design  in 
any  enemy  or  neutral  country  ;  and 

(c)  Application  being  made  for  the  protection  of  the  invention  or  design  in 
any  allied  country  or  in  any  of  His  Majesty's  dominions  without  the  permission 
of  the  Admiralty  and  Army  Council. 

(2)  No  person  shall  apply  for  the  grant  of  a  patent  in  respect  of  any  inven- 
tion or  the  registration  of  a  design  in  any  foreign  country,  or  in  any  of  His 
Majesty's  dominions  unless  he  has  left  at,  or  sent  by  post  to  the  Patent  Office 
a  notice  of  his  intention  together  with  a  provisional  specification  describing  the 
nature  of  the  invention  or,  as  the  case  may  be,  a  representation  or  specimen  of 


294  GEEAT  BRITAIN. 

the  design,  nor  until  after  the  expiration  of  one  month  from  the  time  when  such 
notice  was  given,  and  if  during  the  said  month  the  comptroller  general  is  satis- 
fied that  the  publication  of  the  invention  or  design  might  be  detrimental  to  the 
public  safety  or  the  defense  of  the  realm,  or  otherwise  assist  the  enemy  or 
endanger  the  successful  prosecution  of  the  war,  he  may  make  a  like  order  as  in 
respect  of  cases  in  which  application  is  made  for  .the  grant  of  a  patent  or  the 
registration  of  a  design  in  the  United  Kingdom. 

(3)  Before  exercising  any  of  his  powers  under  this  regulation  as  respects 
.any  matter  the  comptroller  general  shall  consult  with  the  Admiralty  and  Army 
-Council,  and  shall  not  act  except  upon  the  request  of  the  Admiralty  or  Army 
Council. 

(4)  If  any  person  contravenes  the  provisions  of  this  regulation  or  of  any 
order  made  thereunder,  he  shall  be  guilty  of  an  offense  against  these  regulations. 

(Signed)  ALMERIC  FITZROY. 

(From  the  Illustrated  Official  Journal  (Patents),  No.  1392.  of 
Sept,  22,  1915.) 

PATENTS — DESIGNS — TRADE-MARKS — APPLICATIONS — RENEWALS — NO- 
TICE TO  AGENTS. 

BOARD  or  TRADE  ANNOUNCEMENT  TO  PATENT  AGENTS. 

The  Board  of  Trade  desire  to  remind  patent  agents  that  it  is  not 
permissible  to  receive  from  agents  in  enemy  countries  instructions  or 
documents  in  respect  of  applications  for  the  grant  or  renewal  of  pat- 
ents or  applications  in  respect  of  the  registration  of  designs  or  trade- 
marks in  the  United  Kingdom  on  behalf  of  persons  in  neutral  coun- 
tries. 

Patent  agents  should  satisfy  themselves  that  any  instructions  or 
documents  which  they  may  receive  on  behalf  of  a  person  in  a  neutral 
country  have  not  passed  through  the  hands  of  an  enemy. 

November,  1915. 

(Signed)  BOARD  OF  TRADE. 

(From  Illustrated  Official  Journal   (Patents),  Nov.  24,  1915.) 


PATENTS — DESIGNS — TRADE-MARKS — (TEMPORARY)  RULES,  1915 
(SECOND  SET),  OF  OCTOBER  19,  191'5. 

By  virtue  of  the  provisions  of  the  Patents,  Designs,  and  Trade- 
Marks  (temporary  rules)  Act,  1914,  the  Board  of  Trade  hereby  make 
the  following  rules : 

1.  The  comptroller  may,  at  any  time  during  the  continuance  of  these  rules, 
extend  the  time  prescribed  by  the  Patents  and  Designs  Act,  1907,  or  the  Trade- 
Marks  Act,  1905,  or  any  rules  made  thereunder,  for  doing  any  act,  upon  such 
terms  and  subject  to  such  conditions  as  he  may  think  fit,  where  the  doing  of 
such  act  would  by  reason  of  the  present  state  of  war  be  prejudicial  to  the  public 
interest. 


GEE  AT  BRITAIN.  295 

2.  These  rules  shall  be  called  the  Patents,  Designs,  and  Trade-Marks  "(tempo- 
rary) Rules,  1915  (second  set),  and  shall  come  into  operation  as  and  from  the 
14th  day  of  October,  1915. 
Dated  the  19th  day  of  October,  1915. 

(Signed)  WALTEE  RUNCIMAN, 

President  of  the  Board  of  Trade. 
(From  the  Illustrated  Official  Journal  (Patents),  No.  1399,  of  Nov.  10,  1915.) 

PATENTS — DESIGNS  —  TRADE-MARKS  —  FEES  —  PAYMENTS  —  TRADING 
WITH  THE  ENEMY — ORDER  (AMENDATORY)  OF  DECEMBER  7,  1915. 

TRADING  WITH  THE  ENEMY. 

Payment  of  patents,  designs,  and  trade-marks  fees. 

Whereas  by  royal  proclamation  relating  to  trading  with  the  enemy, 
dated  the  9th  day  of  September,  1914,  it  was,  amongst  other  things, 
declared  as  follows : 

"  The  expression  '  enemy  country '  in  this  proclamation  means  the 
territories  of  the  German  Empire  and  of  the  Dual  Monarchy  of  Aus- 
tria-Hungary, together  with  all  the  colonies  and  dependencies 
thereof. 

"  The  .expression  '  enemy  '  in  this  proclamation  means  any  person  or 
body  of  persons,  of  whatever  nationality,  resident  or  carrying  on  busi- 
ness in  the  enemy  country,  but  does  not  include  persons  of  enemy 
nationality  who  are  neither  resident  nor  carrying  on  business  in  the 
enemy  country.  In  the  case  of  incorporated  bodies  enemy  character 
attaches  only  to  those  incorporated  in  an  enemy  country"; 

And  whereas  it  was  also  declared  by  the  said  proclamation  that 
from  and  after  the  date  of  the  said  proclamation  the  persons  therein 
referred  to  were  prohibited  from  doing  certain  acts  therein  more 
specifically  mentioned; 

And  whereas  it  was  further  declared  by  the  said  proclamation  as 
follows : 

"  Nothing  in  this  proclamation  shall  be  taken  to  prohibit  anything 
which  shall  be  expressly  permitted  by  our  license,  or  by  the  license 
given  on  our  behalf  by  a  Secretary  of  State  or  the  Board  of  Trade, 
whether  such  licenses  be  especially  granted  to  individuals  or  be  an- 
nounced as  applying  to  classes  of  persons  " ; 

And  whereas  by  proclamation  dated  the  8th  day  of  October,  1914, 
the  said  proclamation  dated  the  9th  day  of  September,  1914,  called 
the  Trading-with-the-Enemy  Proclamation  No.  2  was  amended  as 
therein  more  specifically  set  forth,  and  the  said  proclamation  of  the 
8th  day  of  October,  1914,  was  to  be  read  as  one  with  the  Trading- 
with-the-Enemy  Proclamation  No.  2 ; 

And  whereas  in  pursuance  of  the  powers  conferred  by  the  above- 
recited  proclamations  the  Board  of  Trade,  acting  on  behalf  of  His 


296  GREAT  BRITAIN. 

Majesty  by  license  dated  the  4th  day  of  November,  1914,  granted 
license  to  the  persons  therein  referred  to  to  pay  the  fees  therein  more 
specifically  mentioned ; 

And  whereas  by  proclamation  dated  the  5th  day  of  November.  1914. 
it  was  declared  that  the  provisions  of  the  proclamations  and  orders 
in  council  then  in  force  issued  with  reference  to  the  state  of  war  with 
the  Emperor  of  Germany  and  the  Emperor  of  Austria,  King  of 
Hungary,  should  be  extended  to  the  war  with  Turkey,  subject  to  the 
exception  in  such  proclamation  mentioned,  and  it  was  declared  that 
the  words  "  enemy  country  "  in  any  of  the  proclamations  or  orders 
in  council  'referred  to  in  Article  I  of  the  said  proclamation  should 
include  the  dominions  of  His  Imperial  Majesty,  the  Sultan  of  Tur- 
key, other  than  Egypt,  Cyprus,  and  any  territory  in  the  occupation 
of  us  or  our  allies ; 

And  whereas  by  proclamation  dated  the  7th  day  of  January,  1915, 
the  provisions  of  the  proclamations  dated,  respectively,  the  9th  <J.ay 
of  September,  1914,  the  8th  day  of  October,  1914,  and  the  5th  day  of 
November.  1914,  were  extended  as  therein  more  specifically  set  forth ; 

And  whereas  by  proclamation  dated  the  16th  day  of  February, 
1915,  called  the  Trading- with-the-Enemy  (occupied  territory)  Procla- 
mation, 1915,  it  was  declared  that  the  proclamations  for  the  time  be- 
ing in  force  relating  to  trading  with  the  enemy  should  apply  to  ter- 
ritory in  friendly  occupation  as  they  apply  to  our  territory  or  that  of 
our  allies  and  to  territory  in  hostile  occupation  as  they  apply  to  an 
enemy  country ; 

And  whereas  by  proclamation  dated  the  25th  day  of  June,  1915. 
called  the  Trading-with-the-Enemy  (China,  Siam,  Persia,  and  Mo- 
rocco) Proclamation,  1915,  it  was  declared  that  the  proclamations  for 
the  time  being  in  force  relating  to  trading  with  the  enemy  should 
apply  to  any  person  or  body  of  persons  of  enemy  nationality  resident 
or  carrying  on  business  in  China,  Siam,  Persia,  or  Morocco  in  the 
same  manner  as  they  apply  to  persons  or  bodies  of  persons  resident 
or  carrying  on  business  in  an  enemy  country :  Provided,  That  where 
an  enemy  has  a  branch  locally  situated  in  China,  Siam,  Persia,  or 
Morocco,  nothing  in  Article  6  of  the  Trading-with-the-Enemy  Procla- 
mation No.  2  should  be  construed  so  as  to  prevent  transaction  by  or 
with  that  branch  being  treated  as  transaction  by  or  with  an  enemy'; 

And  whereas  by  proclamation  dated  the  14th  day  of  September, 
1915,  it  was  declared  as  follows : 

"  For  the  purposes  of  the  proclamation  for  the  time  being  in  force 
relating  to  trading  with  the  enemy  the  expression  '  enemy,'  notwith- 
standing anything  in  the  said  proclamations,  is  hereby  declared  to 
include  and  to  have  included  any  incorporated  compan}7  or  body  of 
persons  (wherever  incorporated)  carrying  on  business  in  an  enemy 
country  or  in  any  territory  for  the  time  being  in  hostile  occupation  " ; 


GKEAT  BRITAIN.  297 

And  whereas  by  proclamation  dated  the  16th  day  of  October,  1915, 
it  was  declared  that  the  proclamations  and  orders  in  council  then  in 
force  issued  with  reference  to  the  state  of  war  with  the  German  Em- 
peror or  with  reference  to  the  state  of  war  with  the  German  Emperor 
and  the  Emperor  of  Austria,  King  of  Hungary,  or  with  reference  to 
the  state  of  war  with  the  German  Emperor  and  the  Emperor  of  Aus- 
tria, King  of  Hungary,  and  the  Sultan  of  Turkey,  should  be  extended 
to  the  war  with  Bulgaria,  subject  to  the  exception  in  such  proclama- 
tion mentioned,  and  it  was  declared  that  the  words  "  enemy  country  n 
in  any  of  the  proclamations  or  orders  in  council  referred  to  in  Article 
I  of  such  proclamation  should  include  the  dominion  of  the  King  of 
the  Bulgarians,  and  the  words  "  persons  of  enemy  nationality  "  in  any 
of  the  said  proclamations  and  orders  in  council  should  include  sub- 
jects of  the  King  of  the  Bulgarians ; 

And  whereas  by  proclamation  dated  the  10th  day  of  November, 
1915,  it  was  declared  that  the  proclamations  for  the  time  being  in 
force  relating  to  trading  with  the  enemy  should  as  from  the  10th  day 
of  December,  1915,  apply  to  any  person  or  body  of  persons  of  enemy 
nationality  resident  or  carrying  on  business  in  Liberia  or  Portuguese 
East  Africa  in  the  same  manner  as  they  apply  to  persons  resident  or 
carrying  on  business  in  an  enemy  country :  Provided,  That  where  an 
enemy  has  a  branch  locajly  situated  in  Liberia  or  Portuguese  East 
Africa  nothing  in  Article  6  of  the  Trading- with-the-Enemy  Procla- 
mation No.  2  should  be  construed  so  as  to  prevent  transactions  by  or 
with  that  branch  being  treated  as  transactions  by  or  with  an  enemy ; 

And  whereas  it  is  desirable  to  restate  and  extend  the  provisions 
contained  in  the  before-recited  license  dated  the  4th  day  of  November, 
1914: 

Now,  therefore,  the  Board  of  Trade,  acting  on  behalf  of  His 
Majesty,  and  in  pursuance  of  the  powers  reserved  in  the  said  procla- 
mations and  all  other  powers  thereunto  them  enabling,  do  hereby 
revoke  the  said  license  dated'  the  4th  day  of  November,  1914,  and  do 
hereby  give  and  grant  license: 

(1)  To  all  persons  residing,  carrying  on  business,  or  being  in  the 
United  Kingdom  to  pay — 

(a)  On  their  own  behalf  or  on  behalf  of  any  person  or  persons 
residing,  carrying  on  business,  or  being  in  the  United  Kingdom ;  and 

(b)  On  behalf  of  any  person  or  persons  residing,  carrying  on  busi- 
ness, or  being  in  any  part  of  His  Majesty's  dominions  outside  the 
United  Kingdom  who  have  been  authorized  to  make  such  payments 
by    the    Government    of    that    part    of    His    Majesty's    dominions 
any  fees  necessary  for  obtaining  the  grant  of  or  for  obtaining  the  re- 
newal of  patents  or  for  obtaining  the  registration  of  designs  or 
trade-marks  or  the  renewal  of  such  registration  in  an  "  enemy  coun- 


298  GREAT  BRITAIN. 

try,"  and  to  paj^  the  enemy  agents  their  charges  and  expenses  in  rela- 
tion to  the  matters  aforesaid : 

(2)  To  all  persons  residing,  carrying  on  business,  or  being  in  the 
United  Kingdom — 

(a)  To  pay  on  behalf  of  an  "  enemy  "  any  fees  payable  in  the  United 
Kingdom  on  application  for  or  renewal  of  the  grant  of  patents,  or  on 
application  for  the  registration  of  designs  or  trade-marks,  or  the 
renewal  of  such  registration,  and  to  pay  agents  in  the  United  King- 
dom  (including  themselves)  their  charges  and  expenses,  if  any,  in 
relation  to  the  matters  aforesaid : 

(b)  To  pay  on  behalf  of  an  "enemy"  to  any  person  or  persons 
residing,  carrying  on  business,  or  being  in  any  part  of  His  Majesty's 
dominions  outside  the  United  Kingdom — subject  to  such  persons  hav- 
ing been  authorized  by  the  Government  of  that  part  of  His  Majesty's 
dominions  in  which  they  reside,  carry  on  business  or  are,  to  pay  on 
behalf  of  an  enemy  any  such  fees  in  such  part  of  His  Majesty's  do- 
minions— any  fees  payable  on  application  for  or  renewal  of  the  grant 
of  patents,  or  on  application  for  the  registration  of  designs  or  trade- 
marks, or  the  renewal  of  such  registration  in  such  part  of  His 
Majesty's  dominions,  and  also  to  pay  to  such  persons  their  charges 
and  expenses,  if  any,  in  relation  to  the  matters  aforesaid. 

Dated  this  7th  day  of  December,  1915. 

(Signed)  G.  S.  BARNES, 

Secretary  of  the  Board  of  Trade. 

(From  the  Illustrated  Official  Journal  (Patents),  Dec.  22,  1915.) 


INDUSTRIAL  PROPERTY — ENEMY  HOLDERS — CONFISCATION — "  WAR 
MEASURES."  AMENDATORY  ACT  CONCERNING  TRADE  WITH  THE 
ENEMY  OF  JANUARY  27,  1916. . 

[.Translation.1] 

[Law  (amendatory)  concerning  trade  with  the  enemy  (5  and  6  Geo.,  Ch.  105.  of  Jan.  27, 

1916).] 

(4)  1.  In  cases  wherein  it  appears  expedient,  the  Board  of  Trade 
may,  by  an  ordinance,  confiscate,  by  virtue  of  the  amendatory  act 
concerning  trade  with  the  enemy,  1914,  all  property,  personal  or  real 
(comprising  all  rights  founded  upon  law  or  equity  that  may  be 
found  in  or  result  from  the  said  property,  personal  or  real),  belong- 
ing to  an  enemy  or  to  an  enemy  subject,  or  held  or  administered  for 
him  or  for  his  account,  as  well  as  the  right  of  assigning  this  prop- 
erty, and  it  may,  by  the  same  ordinance  or  by  a  subsequent  ordi- 
nance, confer  on  the  depositary  the  powers  necessary  for  selling,  ad- 

1  For  lack  of  the  official  copy,  the  provisions  of  this  Act  are  retranslated   from  the 
French  text  appearing  in  La  ProprMtd  Industrlelle  of  February,  1916. 


GREAT   BRITAIN.  299 

ministering,  or  treating  this  property  as  the  Board  of  Trade  shall 
deem  proper. 

(6)  If  the  benefit  of  a  patent  application  filed  by  an  enemy  or  by 
an  enemy  subject,  or  for  his  account  or  in  his  favor,  is  confiscated 
as  result  of  an  order  rendered  by  virtue  of  the  amendatory  act  con- 
cerning trade  with  the  enemy,  1914,  or  by  virtue  of  the  present  act, 
the  patent  may  be  delivered  to  the  depositary  in  the  capacity  of 
patentee,  and  it  may,  despite  what  is  provided  in  section  12  of  the 
Act  of  1907  concerning  patents  and  designs,  be  sealed  by  the  comp- 
troller general  of  patents,  designs,  and  trade-marks,  and  every  pat- 
ent thus  delivered  to  the  depositary  shall  be  held  to  be  a  property 
placed  in  his  possession  by  the  above-mentioned  ordinance. 

PATENTS — ALIEN   ENEMIES — PATENTS,  DESIGNS,  AND  TRADE-MARKS 
(TEMPORARY  RULES)  ACTS,  1914. 

Notice  is  hereby  given  that  in  the  event  of  the  prescribed  renewal 
fees  due  in  connection  with  patents  in  respect  of  which  licenses  have 
been  granted  by  the  Board  of  Trade  by  virtue  of  the  provisions  of 
the  above  Acts  not  being  paid  by  the  patentees,  such  fees  may  be 
paid  by  the  licensees  and  the  amount  of  such  fees  deducted  from  the 
royalties  payable  to  the  public  trustee  under  the  license.  Licensees 
should  inform  themselves  as  to  the  dates  upon  which  such  fees  be- 
come payable  to  avoid  having  to  pay  extension  fees  also. 

(From  the  Illustrated  Official  Journal  (Patents],  April  19,  1916.) 


PATENTS — NEW  INVENTIONS — Or  INTEREST  TO  PUBLIC  DEFENSE- 
DISCLOSURE  TO  GOVERNMENT  REQUIRED  —  ORDER  IN  COUNCIL 
(AMENDATORY)  or  SEPTEMBER  7, 1916. 

An  Order  in  Council,  dated  7th  September,  further  amends  the  reg- 
ulations (called  the  "  Defense  of  the  Realm  (Consolidation)  Regula- , 
tions,  1914")  made  under  the  Defense  of  the  Realm  (consolidation) 
Act,  1914,  for  securing  the  public  safety  and  the  defense  of  the  realm. 
The  Order  in  Council  referred  to  orders,  inter  alia,  the  following 
amendments  in  the  regulations: 

SECTION    I. REQUIREMENT    OF    DISCLOSURE    OF    PARTICULARS    OF    INVEN- 
TIONS, PROCESS  OF  MANUFACTURE,  ETC.,  OF  WAR  MATERIAL. 

After  regulation  Sc  the  following  regulation  shall  be  inserted : 

Sec.  It  shall  be  lawful  for  the  Admiralty  or  Army  Council  or  Minister  of  Muni- 
tions, with  a  view  to  the  more  efficient  or  increased  production  of  war  material, 
to  require  any  person  to  communicate  to  a  person  nominated  for  that  purpose 
by  the  Admiralty,  Army  Council,  or  Minister  of  Munitions  all  such  particulars 


300  GREAT  BRITAIN. 

as  may  be  in  his  possession  of  any  invention,  or  process  or  methods  of  manu- 
facture, or  of  any  article  manufactured  or  proposed  to  be  manufactured,  and 
to  furnish  drawings,  models,  or  plans  thereof,  and  to  explain  and  demonstrate 
the  same  to  such  persons,  in  all  or  any  of  its  uses  and  workings ;  and  if  any 
person  fails  or  neglects  to  comply  with  any  such  requirement  he  shall  be  guilty 
of  an  offense  against  these  regulations ;  and  if  the  requirement  is  addressed  to 
a  company,  every  director,  manager,  or  officer  of  the  company  who  fails  or  neg- 
lects to  comply  with  such  requirement  shall  also  be  guilty  of  an  offense  against 
these  regulations. 

If  any  persons,  except  as  authorized  by  the  Admiralty  or  Army  •  Council  or 
Minister  of  Munitions,  discloses  or  makes  use  of  any  information  obtained  in 
consequence  of  any  requirement  made  under  this  regulation  or  communicated 
to  him  by  any  person  by  whom  it  was  so  obtained,  he  shall  be  guilty  against 
these  regulations. 

No  communication  of  an  invention  made  in  consequence  of  any  requirement 
under  this  regulation,  or  the  use  thereof  by  any  person  authorized  under  this 
regulation  to  use  it,  shall  prejudice  any  right  of  the  inventor  thereof  subse- 
quently to  apply  for  and  obtain  a  patent  for  the  invention. 

(From  the  Illustrated  Official  Journal  (Patents),  Sept.  20,  1916,  p. 
868.) 

PATENTS  —  AMERICAN   HOLDERS  —  RECIPROCAL  TREATMENT  —  "  WAR 
MEASURES  " — OFFICIAL  COMMUNICATION  OF  NOVEMBER  22,  1916. 

No.  230319/C.  FOREIGN  OFFICE, 

November  22, 1916. 

YOUR  EXCELLENCY  :  I  did  not  fail  to  refer  to  the  competent  depart- 
ment of  His  Majesty's  Government  the  note  (No.  842)  which  your 
excellency  was  good  enough  to  address  to  me  on  the  1st  instant,  inquir- 
ing as  to  the  privileges  extended  by  His  Majesty's  Government  to 
applicants  for  patents  so  as  to  obviate  the  payment  of  penalties  for 
delays  arising  out  of  the  present  war. 

2.  I  have  now  the  honor  to  state  that  power  is  given  to  the  Comp- 
troller General  of  Patents,  Designs,  and  Trade-Marks  by  the  act  and 
rules  specified  in  the  memorandum  inclosed  in  my  note  of  November 
3, 1914  (209  O.  G.,  1054) ,  to  extend  in  certain  cases  the  time  prescribed 
for  (a)  the  filing  of  applications  for  patents  under  the  international 
convention;  (b)  the  taking  of  actions  in  patent  applications  pending 
in  the  Patent  Office;  (o)  the  payment  of  fees  pertaining  to  pending 
applications;  (d)  the  payment  of  fees,  taxes,  or  fines  pertaining  to 
patents  issued;  (e)  the  recording  of  assignments,  licenses,  disclaimers, 
concessions,  etc. ;  and  (/)  the  defense  of  suits,  interference  of  opposi- 
tion proceedings  affecting  patent  rights. 

3.  Full  effect  is  being  given  by  the  Comptroller  to  rule  3,  which  was 
quoted  in  the  memorandum  referred  to  above,  and  the  most  generous 
treatment  is  accorded  in  all  cases  which  can  possibly  be  held  to  come 
within  the  rule.    United  States  citizens  will  in  every  case  be  granted 


GREAT   BRITAIN.  301 

-extensions  of  time  where  their  cases  can  be  brought  within  the  rule, 
and  His  Majesty's  Government  are  therefore  of  opinion  that  the  "  sub- 
stantially similar  privileges  "  which  the  United  States  law  demands 
are  extended  in  this  country  to  citizens  of  the  United  States. 

4.  As  regards  the  "  working  "  of  patents,  I  wrould  point  out  that 
section  27  of  the  Patents  and  Designs  Acts,  1907.  which  provides  for 
the  revocation  of  patents  worked  exclusively  or  mainly  outside  the 
United  Kingdom,  has  been  directly  suspended  for  the  period  of  the 
Avar  and  six  months  thereafter  by  the  Patents  and  Designs  (partial 
suspension)  Act,  1915.     (5  and  6  Geo.  V,  ch.  85.) 

5.  The  bringing  of  suits  against  infringers  or  for  annulment  of 
interfering  patents  and  the  filing  of  applications  for  the  extension  of 
patents  concern  the  procedure  of  the  High  Court  of  Justice,  and  have 
not  hitherto  been  dealt  with  under  the  Patents,  Designs,  and  Trade- 
Marks  (temporary,  rules)  Act,  1914,  but  the  courts  would  doubtless 
consider  favorably  applications  for  extensions  of  time  necessitated 
by  the  war. 

I  have  the  honor  to  be,  with  the  highest  consideration, 
Your  excellency's  most  obedient,  humble  servant, 

(Signed)  VICTOR  WELLESLEY. 

(From  233  Official  Gazette,  1400.) 


PATENTS  —  DESIGNS  —  TRADE-MARKS  —  ALIEN  ENEMIES  —  APPLICA- 
TIONS— RENEWALS — "  WAR  MEASURES  " — OFFICIAL  ANNOUNCEMENT 
OF  APRIL  13,  1917. 

INTERESTS  OF  BRITISH  AND  ENEMY  SUBJECTS  IN  PATENTS,  TRADE-MARKS 

AND  DESIGNS. 

The  following  announcement  has  been  issued  by  the  Foreign  Trade 
Department  of  the  Foreign  Office,  under  date  13th  April : 

To  all  whom  it  may  concern: 

Whereas  it  is  desirable  to  protect  the  interests  of  British  subjects  in  patents, 
trade-marks,  and  designs,  and  for  this  purpose  it  has  proved  to  be  necessary  to 
make  certain  arrangements  dealing  with  the  interests  of  both  British  and  enemy 
subjects  in  patents,  trade-marks,  and  designs;  and 

Whereas  it  has  been  represented  to  me  by  the  Board  of  Trade  that  British  sub- 
jects are  permitted  to  apply  in  enemy  territories  for  the  grant  and  renewal  of 
the  grant  of  letters  patent  and  for  the  registration  and  renewal  of  the  registra- 
tion of  trade-marks  and  designs : 

Now,  I,  Ernest  Murray  Pollock,  one  of  His  Majesty's  Counsel  and  a  member 
of  the  Commons  House  of  Parliament,  Controller  of  the  Foreign  Trade  Depart- 
ment of  the-  Foreign  Office,  in  pursuance  of  the  authority  given  me  in  this  behalf 
by  His  Majesty's  Principal  Secretary  of  State  for  Foreign  Affairs,  hereby,  on  be- 
half of  His  Majesty,  give  and  grant,  unto  every  person,  or  body  of  persons,  incor- 


302  GREAT  BRITAIN. 

porated  or  unincorporated,  resident,  carrying  on  business  or  being  in  the  United 
Kingdom,  full  license  and  authority  to  apply  on  behalf  of  any  person,  or  body 
of  persons  whose  name  now  is,  or  shall  hereafter  be,  placed  on  the  statutory 
list  of  persons  with  whom  trading  is  forbidden  by  any  proclamation  issued  under 
the  Trading  with  the  Enemy  (extension  of  powers)  Act,  1915,  for  the  grant,  or 
for  the  renewal  of  the  grant,  of  any  letters  patent,  or  for  the  registration,  or  for 
the  renewal  of  the  registration,  of  any  trade-mark  or  design  in  the  United  King- 
dom, or  in  any  part  of  His  Majesty's  dominions  outside  the  United  Kingdom, 
where  such  applications  are  allowed  by  the  Government  of  that  part  of  His 
Majesty's  dominions  to  be  made  on  behalf  of  persons,  or  bodies  of  persons, 
whose  names  are  on  the  statutory  list,  and  for  that  purpose  to  transact  all 
necessary  business  with  regard  to  the  application,  and  to  all  matters  arising 
thereout  with  the  person,  or  body  of  persons,  on  whose  behalf  the  application  is 
made,  and  generally  to  do  all  things  necessary  for  carrying  the  application  into 
effect,  and  in  particular  to  pay  any  fees  payable  in  tlie  United  Kingdom,  or  in 
any  such  part  of  His  Majesty's  dominions  outside  the  United  Kingdom  as 
aforesaid  (provided  that  no  fees  be  paid  to  any  person,  or  persons  resident  or 
carrying  on  business  outside  the  United  Kingdom,  unless  $uch  person  or  persons 
is  or  are  permitted  by  the  Government  of  that  part  of  His  Majesty's  dominions 
in  which  he  or  they  is  or  are  resident  or  carrying  on  business,  to  pay  fees  on 
behalf  of  persons  or  bodies  of  persons  whose  names  are  on  the  statutory  list), 
and  to  pay  and  retain  any  charges  or  expenses  incurred  in  relation  to  the  matter 
aforesaid. 

(From  the  Illustrated  Official  Journal  (Patents),  Apr.  25,  1917. 
p.  328.) 


PATENTS — DESIGNS — TRADE-MARKS — TRADING  WITH  THE  ENEMY- 
FEES — BOARD  OF  TRADE  LICENSE — AMENDMENT  OF  SEPTEMBER  5T 
1917. 

TRADING  WITH  THE  ENEMY PAYMENT  OF  PATENTS,  DESIGNS,  AND  TRADE- 
MARKS FEES. 

Whereas  a  license  was  granted  by  the  Board  of  Trade  on  7th  De- 
cember, 1915,  permitting  in  certain  circumstances  the  payment  of 
fees  and  agents'  charges  and  expenses  in  respect  of  patents,  trade- 
marks, and  designs  payable  in  an  enemy  country  or  on  behalf  of  an 
enemy ; 

And  whereas  it  has  been  deemed  desirable  to  amend  the  terms  of 
the  said  license: 

Now,  therefore,  the  Board,  acting  on  behalf  of  His  Majesty  and  in 
pursuance  of  all  powers  thereunto  them  enabling,  do  hereby  amend 
the  said  license  dated  7th  December,  1915,  as  follows — -that  is  to  say : 

The  said  license  shall  have  effect  subject  to  the  following  amend- 
ments : 


GREAT  BRITAIN.  303 

(a)  The  words  "person"  or  "persons,"  respectively,  wherever 
they  occur  in  clauses  1  and  2  thereof  shall  mean  a  person  or  persons 
being  of  British,  allied,  or  neutral  nationality. 

(&)  In  clauses  1  (b)  and  2  (£)  of  the  said  license  there  shall  be 
added  immediately  after  the  words  "His  Majesty's  dominions" 
wherever  they  occur  the  words  "  or  of  allied  territory  not  in  hostile 
occupation." 

The  following  provisos  shall  be  added,  viz : 

Provided  always.  That  as  regards  payments  on  behalf  of  an  enemy 
under  clause  2  of  the  said  license  as  amended  hereby  the  same  may 
only  be  made  by  the  person  making  the  same  out  of  moneys : 

(a)  Remitted  by  or  on  behalf  of  such  -enemy ;  or 

(&)  Held  for  or  on  account  of  such  enemy  and  subject  to  the 
provisions  of  the  next  paragraph  hereof  nothing  in  the  said  license 
or  herein  shall  permit  any  payments  to  be  made  on  behalf  of  an 
enemy  by  way  of  gift  or  by  way  of  advancement  or  loan  to  or  on 
account  of  such  enemy; 

Provided  also,  That  nothing  herein  contained  shall  prevent  per- 
sons of  British,  allied,  or  neutral  nationality  residing,  carrying  on 
business,  or  being  in  the  United  Kingdom  who  have  an  interest  in 
or  under  a  patent  or  design  belonging  in  whole  or  in  part  to  an  enemy 
from  paying  out  of  their  own  moneys  fees  payable  in  the  United 
Kingdom  for  obtaining  the  renewal  of  such  patent  or  for  obtaining 
the  renewal  of  the  registration  of  such  design  or  from  paying  agents 
in  the  United  Kingdom  (including  themselves)  their  charges  and: 
expenses  (if  any)  in  relation  to  such  matters. 

Dated  this  5th  day  of  September,  1917. 

(Signed)  H.  LLEWELLYN  SMITH, 

Secretary  of  the  Board  of  Trade. 

(From  the  Illustrated  Official  Journal  (Patents),  Sept.  12,  1917.) 
93169—19 20 


HUNGARY. 

[Law  of  the  7th  of  July,  1895.] 

CHAPTER  I. 

SUBJECT  MATTER  OF  PATENTS. 

SECTION  1.  Any  new  invention  capable  of  being  utilized  industri- 
ally may  be  patented. 

SEC.  2.  A  patent  shall  not  be  allowed  for  an  invention : 

1.  The  working  of  which  is  contrary  to  a  law,  or  an  ordinance,  or 
to  public  morals. 

2.  Which  relates  to  arms  for  war  purposes,  explosives,  ammunition, 
fortifications,  or  ships  of  war  necessary  for  increasing  the  belligerent 
power  of  the  Austro-Hungarian  Army,  the  Navy,  or  the  Hungarian 
militia,  provided   the  Minister  of   Commerce  enter   an   opposition 
against  the  grant  of  such  patent  within  the  term  named  in  the  second 
paragraph  of  section  34. 

3.  For  scientific  theorems  or  principles  as  such. 

4.  For  articles  serving  for  human  or  animal  nourishment,  for  medi- 
cines and  articles  produced  by  chemical  processes;  the  process  em- 
ployed in  making  such  article  may,  however,  be  patented. 

SEC.  3.  The  invention  shall  not  be  regarded  as  new  if  at  the  time 
of  the  application  for  a  patent : 

1.  It  has  been  so  made  known  by  published  printed  publications 
or  other  reproductions  that  it  can  be  used  by  persons  skilled  in  the 
art. 

2.  It  has  been  so  made  known  by  public  working,  use,  or  exhibi- 
tion that  its  employment  by  persons  skilled  in  the  art  has  been  ren- 
dered possible. 

3.  It  has  formed  the  subject  matter  of  a  patent. 

The  invention  shall  be  regarded  as  new  notwithstanding  publica- 
tion of  working,  if  between  its  last  publication  or  working  and  the 
application  for  a  patent  for  it  a  term  of  100  years  have  elapsed. 

It  shall  be  determined  by  treaties  with  foreign  States  whether  an 
official  publication  published  in  a  foreign  State  deprives  the  inven- 
tion of  novelty  (sec.  16). 

SEC.  4.  Two  or  more  inventions  differing  from  one  another  must  be 
comprised  in  one  patent  unless  they  relate  to  one  and  the  same  object 
forming  its  constituent  parts  or  operative  means. 
304 


HUNGARY.  305 

SEC.  5.  The  patent  belongs  to  the  inventor  or  his  successors. 

No  patent  shall  be  granted  for  an  invention  the  essence  of  which 
has  been  taken  from  the  description,  drawings,  models,  devices,  or  ap- 
paratus, or  from  the  processes  employed  by  another  person  without 
the  permission  of  the  inventor  or  his  successors,  if  he  or  they  enter  an 
opposition  to  the  grant  of  such  patent. 

If  in  consequence  of  such  opposition  the  application  be  withdrawn 
or  rejected,  the  opponent  may,  if,  within  a  term  of  thirty  days  from 
the  receipt  of  the  information  of  such  fact,  he  file  an  application  for  a 
patent  for  the  invention,  claiming  that  the  priority  of  his  own  appli- 
cation be  reckoned  from  the  date  of  the  former  application. 

SEC.  6.  The  grant  of  a  patent  to  persons  in  Government  or  private 
service,  officers  or  employees,  shall  be  refused  on  the  opposition  of  the 
Government  or  of  private  persons  employing  the  applicant,  if  on 
account  of  his  service  or  official  position,  or  owing  to  his  contract, 
the  applicant  be  obliged  to  use  his  knowledge  of  the  art  for  inventing 
such  processes  of  production  or  products  of  industry  as  those  for 
which  he  has  applied  for  a  patent. 

In  such  cases  the  Government  or  the  private  person  or  persons 
respectively  are  entitled  to  claim  the  grant  of  the  patent  for  them- 
selves within  thirty  days  from  the  receipt  of  the  information  of  the 
withdrawal  or  the  rejection  of  the  application,  the  priority  being 
reckoned  from  the  day  of  the  former  application. 

SEC.  7.  A  patent  having  for  its  object  an  improvement  or  perfec- 
tion of  any  other  invention  forming  the  subject  matter  of  a  patent  or 
of  an  application  for  a  patent  may,  within  one  year  from  the  date 
of  the  application  for  a  patent  for  the  original  invention,  be  granted 
only  to  the  original  applicant  or  his  successors. 

Consequently  proceedings  with  reference  to  applications  for  im- 
provements lodged  by  third  parties  may  only  be  taken  if  the  original 
applicant  have  not  within  the  term  above  named  lodged  an  applica- 
tion relating  to  such  improvements.  The  applications  lodged  by 
third  parties  during  this  time  shall  be  officially  sealed  and  kept  secret. 

A  patent  having  for  its  subject  matter  an  improvement  or  perfec- 
tion of  the  patented  invention  shall  be  granted  to  the  owner  of  the 
original  patent,  either  as  a  patent  of  addition  or  as  an  independent 
patent,  either  as  a  patent  of  addition  or  as  an  independent  patent, 
as  he  may  desire.  A  patent  of  addition  shall  not  be  granted  to  any 
person  other  than  the  owner  of  the  original  patent. 

The  patent  of  addition  becomes  an  independent  patent  when  the 
original  patent  becomes  void  by  renunciation,  withdrawal,  or  annul- 
ment. 


306  HUNGARY. 

CHAPTER  II. 

EFFECT   OF   PATENT. 

SEC.  8.  A  patent  confers  upon  its  owner  for  the  whole  duration  of 
its  legal  existence  the  exclusive  right  of  making  commercially,  bring- 
ing into  circulation,  and  using  commercially  or  in  the  course  of  busi- 
ness the  subject  of  the  invention. 

SEC.  9.  A  patent  does  not  exonerate  its  owner  from  obe}dng  the 
products  produced  by  such  process. 

SEC.  9.  A  patent  does  not  exonerate  its  owner  from  obeying  thb 
provisions  contained  in  the  existing  laws  and  ordinances. 

SEC.  10.  A  patent  as  well  as  a  claim  for  the  grant  of  a  patent  de- 
scends to  the  heirs  of  the  owner. 

The  owner  of  a  patent  has  the  right  to  assign  his  patent  as  a  whole 
or  in  part  to  living  persons,  and  to  permit  to  others  to  work  or  to 
use  his  patent  with  or  without  restrictions. 

The  right  of  working  or  using  a  patent,  and  the  obligations  con- 
nected therewith,  descend  to  the  heirs.  The  assignee  or  licensee  may 
only  assign  his  rights  among  living  persons  to  others  if,  according 
to  the  agreement  made  with  the  patentee,  this  be  explicitly  per- 
mitted. 

SEC.  11.  If  a  patent  be  granted  or  assigned  to  two  or  more  persons, 
they  shall  be  regarded  as  joint  owners,  with  equal  shares,  unless  a 
different  agreement  be  made.  Each  of  the  joint  owners  may  freely 
dispose  of  his  share,  and  may  use  the  patent  according  to  the  mean- 
ing of  section  8. 

The  right  of  using  and  working  may  be  conferred  upon  third 
parties  only  by  agreement  of  all  the  joint  owners. 

SEC.  12.  A  patent  has  no  effect  against  a  person  who,  before  the 
date  of  filing  the  application  by  the  patentee,  has  used  the  invention 
within  the  countries  of  the  Hungarian  Crown,  or  made  preparations 
involving  its  use. 

Such  a  person  has  the  right  to  use  the  invention  for  the  purpose 
of  his  business  in  his  own  or  other  establishments,  but  he  may  not 
sell  or  assign  his  rights  except  in  connection  with  his  own  business. 

SEC.  13.  The  effect  of  a*  patent  does  not  extend  to  the  construc- 
tion of  such  means  of  transport  as  only  pass  through  the  countries 
of  the  Hungarian  Crown  or  to  such  articles  as  are  imported  from 
abroad  into  free  stores  of  these  countries  for  the  purpose  of  transit 
or  reexportation  without  being  put  on  the  markets  in  the  said  coun- 
tries. 

SEC.  14.  The  effect  of  a  patent  may  be  restricted  in  so  far,  that  on 
the  basis  of  an  ordinance  of  the  Minister  of  Commerce  such  patent 
may  be  claimed,  as  a  whole  or  in  part,  for  its  whole  duration,  or  for 


HUNGARY.  307 

a  shorter  term,  for  the  army,  the  militia,  or  the  navy,  or  for  the  pur- 
poses of  the  State's  monopoly.  In  such  case  a  suitable  compensation 
shall  be  given  to  the  inventor,  the  amount  of  which,  if  no  agreement 
can  be  made,  is  determined  by  the  courts  of  law.  The  fact  of  an 
action  for  compensation  being  pending  does  not  interfere  with  the 
above  right  of  the  State  to  use  the  invention. 

SEC.  15.  A  person  not  normally  residing  in  the  country  may  obtain 
a  patent,  and  exercise  the  rights  originating  therefrom,  only  after 
appointing,  by  a  special  power  of  attorney  duly  legalized  and  lodged 
in  the  Patent  Office,  a  representative  residing  in  the  country. 

Such  representative  is  authorized  to  represent  his  client  before  the 
patent  authorities  and  courts  of  law,  to  lodge  requests  relating  to 
the  application,  to  keeping  in  force  the  patent,  to  instituting  penal 
proceedings,  and  to  receive  decisions  on  complaints  and  other  de- 
cisions. 

For  actions  against  owners  of  patents  residing  abroad  the  court 
within  the  jurisdiction  of  which  the  representative  has  his  residence 
is  competent,  or,  if  the  owner  have  no  representative,  the  court  which 
has  the  seat  of  the  Patent  Office  within  its  jurisdiction. 

If  the  representative  of  the  owner  of  a  patent  residing  abroad  re- 
nounce the  power  of  attorney  conferred  upon  him,  or  if  he  can  not 
be  found,  and  the  owner  of  the  patent  have  not  appointed  a  new 
representative,  or  if  the  owner  of  the  patent  residing  in  the  country 
settls  abroad  or  can  not  be  found,  the  patent  authorities  and  the 
courts  of  law  shall  appoint  a  curator  to  represent  the  owner  of  the 
patent. 

SEC.  16.  Against  the  inhabitants  of  those  foreign  States  which  do 
not  recognize  reciprocity  in  patent  rights  with  respect  to  our  citizens, 
the  Minister  of  Commerce  may  order  reprisals,  which,  however,  he 
must  communicate  to  Parliament. 

CHAPTER  III. 

DURATION,    EXPIRATION,    WITHDRAWAL,    AND    ANNULMENT    OF    PATENTS. 

SEC.  IT.  Patents  are  granted  for  a  term  of  fifteen  years,  to  be 
reckoned  from  the  date  of  the  application. 

Patents  of  addition  (Sec.  7)  expire  together  with  the  original 
patent. 

The  duration  of  a  patent  of  addition,  which  has  become  an  inde- 
pendent patent,  shall  be  reckoned  from  the  date  of  the  application 
for  the  original  patent.  A  patent  of  addition  which  has  become 
independent  shall  be  considered  as  having  taken  the  place  of  the 
original  patent  as  regards  the  time  at  which  the  annuities  become  due 
and  the  amount  of  such  annuities. 


308  HUNGARY. 

SEC.  18.  A  patent  loses  its  validity : 

(1)  By  expiry. 

(2)  By  withdrawal  or  revocation. 

(3)  By  annulment. 

SEC.  19.  A  patent  expires: 

(1)  At  the  end  of  the  fifteenth  year. 

(2)  If  the  owner  of  the  patent  renounce  it  at  the  Patent  Office  in 
writing. 

(3)  If  the  annuities  due  be  not  paid  in  time. 

If  the  renunciation  extend  only  to  parts  of  the  invention  protected 
by  the  patent,  the  patent  remains  in  force  as  to  the  remaining  parts. 

The  patent  ceases  to  be  of  force  in  consequence  of  expiration  on 
the  day  following  the  day  of  expiration,  in  consequence  of  non- 
payment of  the  annuity  on  the  day  following  the  expiration  of  the 
term  of  delay  allowed  (Sec.  45)  ;  in  consequence  of  renunciation  on 
the  day  following  the  day  of  lodging  the  renunciation. 

SEC.  20.  A  patent  may  be  withdrawn  or  revoked  as  a  whole  or  in 
part : 

(1)  If  the  owner  of  the  patent  have  neglected  to  work  or  use  his 
invention  within  the  countries  of  the  Hungarian  Crown,  in  substance 
and  to  an  adequate  extent,  or  if  he  have  justifiably  interrupted  such 
working  or  use,  or  if  he  have  not  at  least  done  all  that  is  necessary, 
according  to  his  own  and  the  country's  circumstances  and  conditions, 
for  securing  and  continuing  such  working. 

This  withdrawal  or  revocation  shall  not,  as  a  rule,  take  place  until 
three  years  after  the  publication  of  the  grant  of  the  patent. 

Exceptionally  such  withdrawal  or  revocation  may  take  place  at 
an  earlier  time,  if  the  owner  of  the  patent  do  not  meet  the  demands 
of  the  country  by  working  the  invention  in  the  country,  or  do  not 
permit  it  to  be  done  by  granting  licenses,  and  do  not  fulfill  this  obliga- 
tion within  a  term  appointed  by  the  Patent  Office  under  due  consid- 
eration of  the  circumstances,  notwithstanding  that  the  invention  is 
worked  abroad  and  its  working  in  the  country  is  desirable  with 
regard  to  the  public  interest.  In  such  -eases,  the  Patent  Office,  when 
•fixing  the  term,  shall  first  warn  the  owner  of  the  patent  to  work  his 
invention,  informing  him  of  the  reasons  and  drawing  his  attention  to 
the  consequences  of  his  inaction. 

(2)  After  three  years  from  publishing  the  grant  of  the  patent, 
if  the  owner  of  the  patent  do  not  work  his  patent  to  an  extent  ade- 
quate to  the  demand  of  the  country  and  refuse  to  grant  other  trust- 
worthy manufacturers  in  the  country  the  necessary  licenses  for  a  suit- 
able compensation  and  on  good  security,  such  compensation  being 
determined  by  the  Patent  Office. 


HUNGARY.  309 

The  withdrawal  or  revocation  in  both  cases  comes  into  force  on 
the  decision  as  to  such  withdrawal  or  revocation. 
A  patent  granted  to  the  State  can  not  be  withdrawn  or  revoked. 

[NOTE. — The  words  in  italics  were  inserted  and  other  words  were  erased  by 
Art.  4  of  law  52  of  1908. 

SEC.  21.  A  patent  shall  be  annulled  and  therefore  considered  as  not 
granted : 

(1)  If  the  subject  matter  of  the  patent  be  not  patentable  (sees.  1 
to  3). 

(2)  If  it  be  not  granted  to  the  true  inventor  or  his  successors 
(sec.  5). 

(3)  If  the  owner  of  an  existing  patent  prove  that  the  patent  con- 
tested is  identical  Avith  his  prior  patent. 

(4)  If  it  be  proved  that  the  specification  of  the  patent  is  not  so 
drawn  as  to  set  forth  the  substance  of  the  invention — that  is  to  say, 
the  subject  matter  proper  of  the  patent  and  the  means  for  carrying 
it  into  effect — so  fully  and  clearly  that  any  person  skilled  in  the  art 
is  enabled  to  make  such  subject  matter  on  the  basis  of  the  specification 
(sec.  32). 

If  the  above  conditions  be  fulfilled  only  in  part,  a  partial  annul- 
ment may  take  place  by  restricting  the  patent. 

SEC.  22.  When  a  patent,  in  consequence  of  expiration,  withdrawal, 
or  annulment,  has  lost  its  validity  the  invention  shall  become  public 
property  and  may  be  freely  used  by  anyone  within  the  limits  of  the 
existing  laws  and  ordinances,  provided  that  no  other  patent  granted 
for  the  same  invention  shall  prevent  such  use. 

A  patent  which  has  lost  its  validity  shall  not  come  into  force  again. 

CHAPTER  IV. 

THE  PATENT  AUTHORITIES. 

SEC.  23.  The  patent  authorities  are : 

(1)  The  Patent  Office. 

(2)  The  Patent  Senate. 

The  seat  of  the  same  is  Budapest. 

SEC.  24.  The  Patent  Office  consists  of  the  president,  vice  president, 
permanent  judicial  and  technical  members  and  non-permanent  judi- 
cial and  technical  members,  who  are  appointed  for  five  years  and  re- 
ceive remuneration,  and  also  of  the  acting  officials  and  employees. 

The  president,  the  vice  president,  and  the  judicial  members  must 
have  the  qualification  prescribed  by  section  7  of  Law  IV  of  the  year 
1869. 

The  qualification  of  the  technical  members  is  determined  by  section 
10  of  Law  I  of  the  year  1883. 


310  HUNGARY. 

The  president,  the  vice  president,  and  the  permanent  members 
are  nominated  by  His  Majesty  on  the  recommendation  of  the  Minister 
of  Commerce;  the  non-permanent  members  and  the  acting  officials 
and  employees  are  appointed  by  the  Minister  of  Commerce. 

The  Patent  Office  is  under  the  supervision  of  the  Minister  of  Com- 
merce, who  exercises  this  right  directly  and  through  the  president 
of  the  Patent  Senate. 

SEC.  25.  The  Patent  Office  has  two  departments ;  these  departments 
are  the  following: 

(1)  The  application  department. 

(2)  The  judicial  department. 

The  application  department  decides  in  meetings  of  three,  namely, 
two  technical  members  and  one  judicial  member.  The  president  of 
the  Patent  Office  may  not  take  part  in  the  meetings  of  the  application 
department. 

The  judicial  department  decides  in  meetings  of  five  members,  under 
the  presidency  of  the  president  of  the  Patent  Office  or  his  substitute, 
two  of  them  being  members  of  the  Patent  Office  qualified  for  a  judge- 
ship  and  two  of  them  being  technical  members  of  the  Patent  Office. 

Those  members  who  took  part  in  the  decision  appealed  against  may 
not  take  part  in  the  session  of  tjie  judicial  department. 

In  general  the  corresponding  prescriptions  of  the  civil  process 
rules  are  decisive  as  to  exclusion  of  members  from  taking  part  in  the 
decisions. 

Each  of  the  departments  may  officially  appoint  experts,  who,  how- 
ever, have  no  right  to  vote. 

The  decisions  are  by  majority. 

The  president  may  decide  in  non-meritorious  matters. 

All  the  decisions  are  announced  in  the  name  of  the  Patent  Office 
and  must  be  accompanied  by  reasons. 

SEC.  26.  The  Patent  Senate  consists  of  the  president,  nominated  by 
His  Majesty  on  the  recommendation  of  the  Minister  of  Commerce 
and  having  the  qualification  determined  by  section  7  of  Law  IY  of 
the  year  1869,  also  of  assessors  nominated  by  His  Majesty  on  the 
recommendation  of  the  Minister  of  Commerce  and  chosen  from  the 
members  of  the  Supreme  Courts  of  Justice  of  the  countries  of  the 
Hungarian  Crown,  these  assessors  being  nominated  for  the  whole 
time  of  their  magistrature,  and  also  assessors  chosen  from  the  pro- 
fessors of  the  Royal  Hungarian  Poly  technical  University,  the  latter 
being  nominated  for  a  term  of  five  years;  finally  the  Patent  Senate 
comprises  the  necessary  number  of  officials  and  employees  appointed 
by  the  Minister  of  Commerce. 

The  president  has  the  same  position,  rank,  and  salary  as  a  presi- 
dent of  senate  of  the  Royal  Hungarian  Supreme  Court  of  Law,  and  he 
is  subject  to  the  provisions  of  sections  8  to  17  and  19  of  Law  JV  of 


HUNGARY.  311 

the  year  1869  and  Law  IX  of  the  year  1871,  with  the  modification, 
however,  that  the  sphere  of  action  reserved  for  the  Minister  of 
Justice  in  accordance  with  these  laws  is  reserved  to  the  Minister  of 
Commerce  as  to  the  president  of  the  Patent  Senate. 

The  president  of  the  Patent  Senate  is  entitled  to  leave  of  absence 
for  six  weeks  each  year,  as  to  which  the  rules  of  procedure  shall  give 
further  details. 

The  assessors  chosen  from  the  members  of  the  Supreme  Courts  of 
Justice  receive  a  yearly  remuneration  of  500  florins. 

The  other  members  of  the  senate  an'd  the  assistant  officers  and 
employees  receive  remunerations  fixed  by  ordinance  of  the  Minister 
of  Commerce. 

The  senate  gives  its  decisions  in  a  meeting  of  seven  members,  under 
the  presidency  of  the  president  or  his  substitute,  four  of  them  being 
judicial  and  two  of  them  technical  assessors. 

As  to  disciplinary  misdemeanor  of  the  president  and  the  assessor, 
and  as  to  fixing  the  personal  civil  responsibility,  and  further  as  to 
the  removal  of  the  president  provided  for  by  Chapter  II  of  Law  IX 
of  the  year  1871,  the  decision  is  reserved  to  the  disciplinary  court 
for  the  magistrates  of  the  Royal  Hungarian  Supreme  Court  of  Jus- 
tice of  the  same  rank  (sec.  104  of  Law  LIX  of  the  year  1881).  The 
assessors  chosen  from  the  professors  of  the  Polytechnical  University 
are  held  in  this  respect  to  be  of  the  same  rank  as  the  judges  of  the 
Royal  Supreme  Court  of  Justice. 

SEC.  27.  Parties  may  appear  personally  before  the  Patent  Office  to 
argue  their  cases. 

Only  attorneys  and  officially  authorized  patent  agents  have  the 
right  to  represent  parties  before  the  Patent  Office. 

In  actions  for  annulment  and  withdrawal  of  patents  the  parties 
and  the  representatives  of  patentees  residing  abroad  (sec.  15)  must 
be  represented  by  an  attorney. 

A  license  to  act  as  a  patent  agent  is  granted  by  the  Minister  of  Com- 
merce after  hearing  the  administrative  authorities  to  such  Hungarian 
subjects  as  can  prove  their  technical  knowledge  by  the  diploma  of  a 
polytechnical  university  of  the  country  or  the  diploma  of  a  poly- 
technical  university  abroad  (if  such  diploma  be  officially  considered 
equivalent  to  the  diploma  conferred  by  the  polytechnical  universities 
of  the  country),  and  may  be  withdrawn  by  the  Minister  in  the  exer- 
cise of  discipline. 

These  agents  must  undergo  a  special  examination  and  take  an  oath. 

The  license  must  be  registered  in  the  patent  agents'  register  of  the 
Patent  Office. 

SEC.  28.  The  organization  of  the  Patent  Office,  the  rules  for  carry- 
ing on  the  business  in  the  Patent  Office  and  the  Patent  Senate,  the 
scope  of  the  examination  of  patent  agents,  the  taxes  to  be  paid  for 


•512  HUNGARY. 

such  examination,  the  form  of  oath  for  patent  agents,  and  the  pro- 
visions for  disciplinary  proceedings  against  patent  agents,  shall  be 
fixed  by  ordinance  of  the  Minister  of  Commerce. 

CHAPTER  V. 

PROCEEDINGS. 

SEC.  29.  The  application  for  the  grant  of  a  patent  for -an  invention 
must  be  lodged  in  writing  a't  the  Patent  Office  by  the  inventor,  his  suc- 
cessor, or  authorized  representative. 

The  priority  of  the  application  shall  be  judged  according  to  the 
serial  number  of  the  register ;  when  applications  relating  to  the  same 
subject  matter  are  lodged  simultaneously  this  circumstance  must  be 
noted. 

SEC.  30.  The  application  must  contain : 

(a]  The  name,  the  profession,  and  the  residence  of  the  applicant, 
and  if  the  permanent  residence  of  the  applicant  be  abroad,  the  name 
and  the  residence  of  his  representative  residing  in  the  country 
(sec.  15). 

(6)  The  title  of  the  invention  to  be  patented,  that  is  to  say,  the 
general  name  thereof,  avoiding  all  description  and  particular  name. 

(c)  The  declaration  that  the  applicant  is  the  inventor  of  the  mat- 
ter to  be  patented  or  the  successor  of  the  inventor ;  and  in  the  latter 
case  further, 

(d)  The  name,  profession,  and  residence  of  the  inventor,  and  also 
the  designation  of  the  document  by  which  the  applicant  supports  his 
rights. 

SEC.  31.  The  application  must  be  accompanied  by : 

(a)  The  receipt  of  the  State  treasury  for  the  application  fee. 

(b)  If  the  application  be  lodged  by  a  representative,  the  corre- 
sponding power  of  attorney  duly  authorized. 

(c)  The  description  of  the  invention  in  duplicate  in  a  closed  en- 
velope, on  which  the  title  of  the  invention,  the  name,  and  the  residence 
of  the  applicant  must  be  marked. 

(d)  If  the  applicant  be  the  successor  of  the  inventor,  the  document 
determining  the  assignment  or  transfer  must  also  be  lodged. 

SEC.  32.  The  specification  or  description  must  answer  the  following 
requirements : 

(1)  It  must  enable  persons  skilled  in  the  art  or  competent  persons 
to  carry  out  the  subject  matter  of  the  invention  on  the  basis  of  such 
description  or  specification  without  any  amplification  thereof.  m  ^ 

In  particular  the  specification  must  not  contain  any  misleading 
ambiguities,  nor  must  it  keep  secret  anything  relating  to  the  means, 
the  mode  of  working,  or  the  particular  operations  necessary  for  sue- 


HUNGARY.  313 

cessf  ully  carrying  the  invention  into  practice,  nor  must  it  name  means 
or  devices  which  are  more  expensive  or  have  not  the  same  effect. 

(2)  It  must  enumerate  in  one  or  more  claiming  clauses  what  is 
considered  to  be  new  and  what  the  applicant  wishes  to  have  protected 
by  patent. 

If  there  be  two  or  more  claiming  clauses,  and  the  substance  of  the 
invention  do  not  consist  in  the  matters  separately  pointed  out  in  the 
several  claiming  clauses  but  in  the  entirety  or  combination  of  the 
matters  pointed  out  in  all  the  claiming  clauses,  or  in  groups  of  such 
claiming  clauses,  this  circumstance  must  be  particularly  mentioned. 

Defects  in  the  claiming  clauses  can  not  be  remedied  by  other  parts 
of  the  specification. 

(3)  It  must  be  accompanied  by  the  drawings  necessary  for  its 
understanding  and  drawn  in  permanent  colors,  and  in  such  form  as 
shall  be  prescribed  by  ordinance,  and  also  by  models  or  samples,  if  it 
should  prove  necessary. 

(4)  It  must  be  provided  with  the  signature  of  the  applicant  or  his 
representative. 

Up  to  the  publication  of  the  application  the  applicant  may  make 
alterations  in  the  specification  and  the  claiming  clauses. 

The  Patent  Office  decides  as  to  the  influence  of  such  alterations 
upon  the  priority  of  the  application. 

SEC.  33.  A  member  of  the  application  department  examines  the 
application  and  causes  the  applicant  to  be  requested  to  make  neces- 
sary amendments  if  the  requirements  of  sections  30  to  32  should  not 
be  fulfilled.  If  the  applicant  do  not  answer  or  comply  with  such 
request  within  the  term  allowed,  or  within  an  extension  of  such  term 
allowed  on  the  request  of  the  applicant,  the  application  shall  be  con- 
sidered as  withdrawn.  But  if  he  remove  the  defects  objected  to,  or 
if  he  maintain  his  application,  the  latter  shall  be  decided  upon  by  the 
application  department  at  a  meeting. 

If  the  application  department  find  that  the  defects  are  not  re- 
moved, or  if  the  invention  be  not  patentable  in  the  meaning  of 
sections  1  and  2  of  this  law,  it  shall  reject  the  application. 

The  novelty  of  the  invention  is  not  officially  made  the  subject  of 
examination  or  decision. 

The  rejection  of  the  application  may  be  appealed  against  within 
fifteen  days  from  the  receipt  of  the  rejecting  decision  before  the 
judicial  department. 

SEC.  34.  If  the  application  department,  or,  in  case  of  an  appeal,  the 
judicial  department,  consider  the  application  to  be  in  due  order,  and 
find  that  a  patent  may  be  granted  for  the  invention,  it  shall  order  the 
application  to  be  published  and  the  opposition  proceedings  to  be 
commenced. 


3 14  HUNGARY. 

The  publication  is  effected  by  publishing  once  in  the  official  gazette 
of  the  Patent  Office  the  name,  the  profession,  and  the  residence  of  the 
applicant  and  the  subject  matter  of  the  invention,  that  is  to  say,  what 
is  desired  to  be  protected  by  patent,  together  with  the  statement  that 
within  a  term  of  two  months  from  the  day  of  publication  oppositions 
may  be  entered  against  the  application.  Also  it  must  be  made  known 
that  the  subject  matter  of  the  application  is  provisionally  protected 
against  unauthorized  use  (sec.  8). 

On  request  of  the  applicant  the  publication  may  be  postponed  for 
not  more  than  six  months  from  the  decision  on  the  publication;  a 
delay  of  three  months  can  not  be  refused. 

From  the  day  of  publication  the  specification,  together  with  the 
annexed  drawings,  samples,  and  models,  shall  be  open  for  public 
inspection. 

If  the  patent  have  been  applied  for  by  the  Government  for  the  pur- 
poses of  the  army,  militia,  or  navy,  the  opposition  proceedings  and 
the  publication  may  be  dispensed  with  on  request  of  the  Government. 

SEC.  35.  Within  two  months  from  the  day  of  publication  opposi- 
tion may  be  entered  against  the  grant  of  the  patent. 

The  opposition  must  be  lodged  in  duplicate  at  the  Patent  Office,  and 
may  only  be  based  on  the  following  reasons : 

(1)  That  the  invention  is  not  patentable  within  the  meaning  of 
sections  1  to  3  of  this  law. 

(2)  That  the  specification  does  not  fulfill  the  requirements  pointed 
out  in  paragraphs  1  and  2  of  section  32. 

(3)  That  the  invention  does  not  lawfully  belong  to  the  applicant 
(sees.  5  and  6). 

In  cases  1  and  2  opposition  may  be  entered  by  any  person ;  in  case 
3  only  by  the  party  injured  or  his  successors. 

A  copy  of  the  opposition  shall  be  handed  to  the  applicant  to  enable 
him  to  reply  thereto  within  the  term  determined  by  the  Patent  Office. 

After  the  lapse  of  such  term  the  application  department  of  the 
Patent  Office  shall  hear  the  parties,  witnesses,  and  experts,  and  decide 
upon  the  grant,  the  restriction,  or  rejection  of  the  patent,  and  as  to 
the  division  of  the  costs  incurred. 

The  opponent  shall  not  be  made  to  pay  the  costs  of  the  applicant. 

SEC.  36.  The  decision  of  the  application  department  by  which  the 
application  is  rejected  as  a  whole  or  in  part  may  be  appealed 
against  by  the  applicant,  and  the  decision,  by  which  the  patent  is 
granted  in  its  whole  scope  or  in  part  thereof,  may  within  thirty  days 
be  appealed  against  by  the  opponent  before  the  judicial  department, 
such  appeal  annulling  provisionally  the  grant  of  the  pate'nt.  The 
appeal  must  be  lodged  in  duplicate,  one  copy  being  sent  to  the  other 
party  to  enable  him  to  reply  thereto. 


HUNGAEY.  315 

The  judicial  department  decides  on  the  basis  of  the  appeal  and  the 
reply,  and  after  hearing  the  parties  and  experts,  if  it  so  decide,  upon 
the  grant  of  the  patent  or  the  rejection  of  the  application,  and  as  to 
the  division  of  the  costs,  such  decision  being  final  and  exempt  from 
any  appeal  or  revision. 

If  the  appeal  has  been  lodged  by  the  opponent  he  may  be  made 
to  pay  the  costs  caused  by  the  appeal. 

SEC.  37.  When  the  decision  upon  the  grant  of  the  patent  has  come 
into  force,  the  Patent  Office  shall  issue  letters  patent  to  the  applicant. 

The  withdrawal  of  the  application,  the  grant,  and  the  rejection  of 
a  patent  shall  be  published  without  delay  in  the  official  gazette  pro- 
vided for  such  purposes. 

The  publication  of  the  rejection  of  the  patent  or  of  the  withdrawal 
of  the  application  has  the  effect  that  the  provisional  protection  (sec. 
34)  is  considered  as  never  having  existed. 

SEC.  38.  The  revocation  and  annulment  of  a  patent  can  only  take 
place  on  the  ground  of  a  complaint  in  writing. 

The  complaint  must  be  lodged  at  the  judicial  department  of  the 
Patent  Office. 

Such  complaint  may  be  lodged  by  the  party  injured  in  the  cases 
of  paragraphs  2  and  3  of  section  21,  and  by  any  person  in  the  cases  of 
section  20  and  of  paragraphs  1  and  4  of  section  21.  As  regards  the 
security  for  the  costs  to  be  deposited  on  request  of  the  defendant,  the 
provisions  of  sections  9  to  12  of  Law  XVIII  of  the  year  1893  shall 
be  applied,  with  the  modification,  however,  that  the  amount  of  the 
security  shall  be  determined  by  the  judicial  department  of  the  Patent 
Office. 

In  actions  for  revocation  and  annulment  of  patents  the  provisions 
for  the  ordinary  proceedings  in  commercial  matters  shall  be  applied 
unless  otherwise  prescribed  by  the  present  law. 

The  judgment  of  the  judicial  department  may  be  appealed  against 
within  thirty  days  from  the  receipt  of  the  decision  before  the  Patent 
Senate,  their  decision  being  final. 

SEC.  39.  The  Eoyal  Courts  of  Justice  and  the  administrative  au- 
thorities shall  comply  with  requests  of  the  Patent  Office  and  Senate. 

The  punishment  of  persons  not  appearing  on  summons  or  of  wit- 
nesses and  experts  refusing  to  depose  under  oath  is  determined  by  the 
Royal  Courts  of  Justice  on  request  of  the  Patent  Office. 

The  decisions  of  the  Patent  Office  as  to  the  costs  of  proceedings  and 
penalties,  when  they  have  come  into  force,  are  public  documents,  and 
capable  of  judicial  execution. 

The  oath  taken  before  the  Patent  Office  as  well  as  the  depositions 
of  the  witnesses  and  experts  made  before  the  same  have  the  same 
force  as  if  they  had  been  made  before  a  Royal  Court  of  Justice. 


316  HUNGARY. 

SEC.  40.  The  authorities  and  courts  proceeding  in  patent  actions 
may  punish  parties  carrying  on  actions  frivolously  with  a  fine  not 
exceeding  1,000  kronen  on  behalf  of  the  State  treasury. 

CHAPTER  VI. 

PATENT  REGISTER,  PATENT  ARCHIVES,  AND  PATENT  JOURNAL,. 

SEC.  41.  The  patent  shall  after  its  grant  be  registered  without  delay 
in  the  patent  register  of  the  Patent  Office. 

In  this  register  shall  be  written  the  name,  profession,  and  residence 
of  the  patentee,  the  name  and  residence  of  his  representative,  the 
title  of  the  patent,  the  priority,  the  day  of  grant  of  the  patent,  the 
annuities  paid,  the  data  relating  to  expiration,  revocation,  and  annul- 
ment of  the  patent,  and,  finally,  the  restriction  of  the  patent  in 
accordance  with  section  14  and  the  actions  for  revocation  and  annul- 
ment of  the  patent.  Besides  these  data  there  may  be  noted  in  the  pat- 
ent register,  on  request  of  the  interested  parties  and  on  the  ground  of 
public  documents  or  fully  trustworthy  .private  documents,  assign- 
ments of  patents  as  a  whole,  or  of  parts  thereof,  or  licenses  for  using 
such  patents. 

A  transfer  of  the  right  of  property  in  a  patent  is  valid  with  respect 
to  third  persons  only  on  the  registration  of  the  assignment  in  the 
patent  register,  but  such  prior  transfer,  although  not  registered  in 
the  patent  register,  is  legally  valid  against  a  person  who,  at  the  time 
when  he  acquired  a  right  to  the  patent,  was  aware  of  the  fact  of  its 
previous  transfer. 

The  registered  licenses  for  working  or  using  are  not  influenced  in 
their  validity  by  assignments  of  the  patent. 

The  order  of  the  registrations  effected  on  the  request  of  the  inter- 
ested parties  shall  be  determined  and  judged  in  accordance  with  the 
provision  of  the  second  paragraph  of  section  29  of  the  present  law. 

SEC.  42.  The  specifications,  drawings,  models,  and  samples  belong- 
ing to  the  patent,  together  with  the  legalized  copies  of  the  documents 
forming  the  basis  of  the  registrations  affected  on  request  of  the 
interested  parties,  shall  be  kept  in  the  patent  archives. 

SEC.  43.  The  register  of  patents  and  the  patent  archives  are  open 
to  all  persons  during  office  hours. 

Any  person  is  allowed  to  make  at  his  own  expense  copies  of  the 
patent  register  and  of  the  specifications,  drawings,  models,  and  sam- 
ples, and  to  have  them  officially  legalized. 

With  respect  to  patents  for  the  purposes  of  the  army,  the  militia, 
or  the  navy  granted  to  the  Government  and  not  published  (sec.  34), 
inspection  or  making  copies  of  the  specifications,  drawings,  models, 


HUNGARY.  317 

or  samples  is  not  allowed,  except  by  permission  of  the  Minister  of 
Commerce  in  agreement  with  the  other  Minister  interested. 

SEC.  44.  The  applications  lodged  and  ordered  to  be  published  (sec. 
34),  the  patents  granted,  together  with  the  specifications  and  draw- 
ings of  the  same,  the  titles  of  applications  rejected  on  opposition,  the 
assignment,  expiration,  withdrawal,  or  revocation,  and  annulment  of 
patents  shall  be  published  in  an  official  journal  provided  for  this 
purpose. 

The  details  as  to  the  form  and  mode  of  publishing  this  journal 
shall  be  determined  by  ordinance  of  the  Minister  of  Commerce. 

CHAPTER  VII. 

TAXES. 

SEC.  45.  On  application  for  any  patent  or  patent  of  addition  an 
application  tax  of  20  kronen  must  be  paid. 

For  an  alteration  of  the  specification  permitted  by  section  3*2  a  fee 
of  10  kronen  must  be  paid. 

Moreover,  for  each  patent  the  following  annuities  must  be  paid 
according  to  the  desired  duration  of  the  protection: 

Kronen. 

First  year 40 

Second  year 50 

Third  wear 60 

Fourth  year ^ 70 

Fifth  year 80 

Sixth  year 100 

Seventh  year 120 

Eighth  year—      140 


Kronen. 

Ninth  year 160 

Tenth  year 200 

Eleventh  year 250 

Twelfth  year 300 

Thirteenth  year ^ 350 

Fourteenth  year 400 

Fifteenth  year 500 


For  a  patent  of  addition  which  has  not  yet  become  an  independent 
patent  (sec.  IT),  besides  the  application  tax  a  tax  of  40  kronen  must 
be  paid  once  only  for  its  whole  period. 

If  the  expenses  of  the  Patent  Office  can  not  be  covered  by  these 
taxes  the  Minister  of  Commerce  may,  by  agreement  with  the  Minister 
of  Finance,  increase  such  taxes  by  ordinance  within  three  years  from 
the  day  on  which  this  law  comes  into  force;  such  increase  must  not, 
however,  exceed  50  per  cent. 

The  annuities  become  due  yearly  in  advance,  and  may  be  paid 
yearly  or  for  several  years  or  for  the  whole  fifteen  years  at  once. 

The  first  year's  annuity  must  be  paid  at  the  latest  within  sixty  days 
of  the  day  succeeding  the  day  of  publication  of  the  application ;  other- 
wise the  application  is  considered  as  withdrawn. 

The  annuities  for  the  second  up  to  the  fifteenth  year  must  be  paid 
at  the  latest  within  sixty  days  of  the  day  on  which  they  become  due'.. 


318  HUNGARY. 

If  an  annuity  be  paid  more  than  thirty  days  after  it  has  become  due 
an  additional  fee  of  20  kronen  must  be  paid. 

The  annuities  shall  be  accepted  from  any  party  interested  in  the 
existence  of  the  patent. 

Inventors  who  prove  their  poverty  by  a  certificate  of  poverty  duly 
executed,  or  who  as  laborers  have  to  live  upon  their  daily  wage,  may 
be  granted  a  delay  for  the  payment  of  the  application  tax  and  first 
year's  annuity,  and  also  for  the  fees  to  be  paid  for  amendments,  and 
if  the  patent  lapse  at  the  commencement  of  the  second  year  the  fees 
may  be  entirely  remitted. 

The  application  tax  shall  never  be  refunded,  and  the  annuity  only 
if  the  grant  of  the  patent  be  refused. 

SEC.  46.  Besides  the  above  taxes  and  fees  a  fee  of  20  kronen  must 
be  paid  in  the  following  cases : 

(1)  On  appeal  (sees.  36  and  38). 

(2)  On  application  for  revocation  or  annulment  (sees.  20  and  21). 

(3)  On  a  request  for  determining  the  compass  or  scope  of  an  exist- 
ing patent  (sec.  57). 

(4)  On  registering  the  assignment  of  a  patent  (sec.  41). 

All  these  fees  must  be  paid  before  lodging;  the  corresponding  re- 
quests or  petitions,  and  the  receipt  for  such  payment  must  be  an- 
nexed thereto,  otherwise  the  request  or  petition  shall  be  rejected. 

The  fee  named  under  1  shall  be  refunded,  if  the  appeal  be  success- 
ful. Persons  such  as  are  named  in  the  last  paragraph  but  one  of 
section  45  may  be  exempted  from  paying  the  fees  named  under  Nos. 
Ito3. 

SEC.  47.  The  taxes  and  fees  enumerated  in  this  chapter  shall  be 
paid  to  the  State  Treasury  or  sent  thereto  in  due  time  by  post. 

SEC.  48.  The  letters  patent  and  other  documents  issued  by  the 
Patent  Office,  and  also  the  requests  relating  to  opposition  (sec.  35), 
are  exempt  from  stamp  duty. 

In  all  other  respects  the  provisions  as  to  stamp  duty  are  applicable 
without  alteration. 

CHAPTER  VIII. 

INFRINGEMENTS    AND    PENALTIES. 

SEC.  49.  Any  person  who,  without  the  permission  of  the  owner  of 
a  patent,  makes,  puts  on  the  market,  or  fraudulently  uses  the  subject 
of  such  patent,  so  that  he  knowingly  infringes  the  rights  of  the 
owner  of  the  patent  based  upon  this  law,  commits  the  transgression 
of  "  patent  infringement,"  and  shall  be  punished  with  a  fine  up  to 
600  kronen,  and  on  repetition,  if  since  the  last  judgment  has  come 
into  force  two  years  have  not  yet  passed,  with  imprisonment  not 
exceeding  two  months,  in  addition  to  a  fine  not  exceeding  600  kronen. 


HUNGARY.  319 

The  fines  inflicted  are  applied  for  the  benefit  of  the  funds  of  tradey 
art.  and  commercial  schools. 

In  adjudging  the  punishment  it  is  considered  an  aggravating  cir- 
cumstance if  the  defendant  be  an  employee  of  the  owner  of  the 
patent,  and  avail  himself  of  the  knowledge  and  experience  acquired 
in  this  way  or  by  the  confidence  of  the  owner  of  the  patent  for  in- 
fringing the  patent. 

These  provisions  shall  also  apply  if  the  invention  used  be  not  yet 
patented  but  provisionally  protected  within  the  meaning  of  sec- 
tion 34. 

SEC.  50.  The  transgression  named  in  section  49  comes  within  the 
jurisdiction  of  the  Royal  Circuit  Courts  and  the  prosecution  can  onty 
take  place  on  request  of  the  party  injured. 

The  description  of  the  invention  deposited  in  the  patent  archives 
shall  be  considered  as  the  sole  and  exclusive  basis  for  judging  in 
what  the  patented  invention  consists;  therefore,  no  later  interpreta- 
tion not  contained  in  such  description  may  be  taken  into  considera- 
tion. 

If  the  interpretation  of  the  description  be  questioned  and  the  court 
find  it  necessary  to  hear  experts,  it  shall  ask  the  opinion  of  the  Patent 
Office. 

SEC.  51.  On  request  of  the  injured  party,  made  during  the  proceed- 
ings, it  shall  be  announced  in  the  sentence  that  the  articles  or  parts 
found  to  be  imitations  or  counterfeits,  which  are  in  the  possession 
of  the  defendant,  are  to  be  confiscated,  and  that  the  devices  and  ap- 
paratus, which  exclusively  serve  for  carrjdng  in  effect  the  infringe- 
ment, are  at-  the  expense  of  the  defendant  to  be.  rendered  unfit  for 
such  use. 

The  articles  declared  to  be  forfeited  must  be  destroyed,  if  no  other 
agreement  be  made  between  the  defendant  and  the  party  injured. 

If  the  articles  be  dangerous  to  the  public  safety,  suitable  measures 
shall  be  taken  for  avoiding  such  danger  by  the  competent  authorities 
on  request  of  the  Court  of  Justice. 

SEC.  52.  On  request  of  the  injured  party,  made  during  the  pro- 
ceedings, the  Penal  Court  may  simultaneously  with  the  sentence 
pronouncing  the  penalty  also  adjudge  to  the  injured  party  an  indem- 
nity, due  to  the  latter  on  account  of  his  private  or  civil  right,  such 
indemnity  being  determined  by  the  Court  of  Justice  as  it  may  think 
right  under  consideration  of  all  circumstances  and  not  exceeding 
20.000  kronen;  or  the  Court  of  Justice  may  refer  the  injured  party  to 
the  civil  proceedings  on  the  question  of  indemnity.  If  the  Penal 
Court  have  determined  an  indemnity  on  request  of  the  injured  party, 
no  further  indemnity  may  be  claimed  in  civil  proceedings.  If  the 
injured  party  claim  an  indemnity  exceeding  20,000  kronen,  he  shall 
93169—19 21 


,320  HUNGARY. 

be  referred  to  civil  proceedings  for  the  whole  amount  of  indemnity 
-claimed. 

On  request  of  the  injured  party,  made  during  the  proceedings,  it 
.shall  further  be  ordered  that  the  sentence  as  a  whole,  together  with 
the  grounds  thereof,  be  published  in  newspapers  at  the  expense  of  the 
defendant.  The  mode  and  time  of  publication  shall  be  prescribed 
in  the  sentence,  the  requests  of  the  party  injured  being  considered. 

If  more  than  one  person  be  condemned  for  the  same  infringement, 
the  condemned  are  liable  as  joint  debtors  for  the  indemnity. 

SEC.  53.  The  injured  party  has  the  right  to  request,  after  the  sen- 
tence is  passed,  the  seizure  and  detention,  and  such  other  measures 
as  are  adapted  to  prevent  a  repetition  of  the  infringement  with 
respect  to  the  articles,  devices,  and  apparatus  named  under  sec- 
tion 51. 

The  Court  of  Justice  decides  at  once  upon  such  requests,  and  if  the 
infringement  appear  probable,  it  orders  the  seizure  or  other  pre- 
ventive measures  without  conditions,  or  with  the  condition  that  a 
security  be  deposited  by  the  injured  party. 

During  the  proceedings  the  preventive  measures  may  be  revoked 
without  conditions,  or  on  condition  that  the  defendant  deposit  a 
security. 

SEC.  54.  If  during  the  penal  proceedings  a  question  be  raised, 
which  according  to  the  provisions  of  the  present  law  must  be  decided 
by  an  action  for  revocation  or  annulment  of  the  patent,  which  action 
is  within  the  competency  of  the  Patent  Office  or  the  Patent  Senate, 
the  Court  of  Justice,  suspending  the  penal  proceedings,  shall  appoint 
a  term  for  commencing  such  action.  If  it  be  proved  that  the  demand 
for  withdrawing  or  revoking  or  annulling  has  been  lodged  within 
the  term  appointed,  the  court  shall  await  the  decision  and  shall 
base  its  own  decision  thereon,  otherwise  the  penal  proceedings  shall 
be  continued. 

In  such  cases  the  penal  court  may  decide  that,  until  the  arrival  of 
the  decision  of  the  patent  authorities,  the  seizure  already  effected 
shall  be  maintained  without  conditions  or  on  condition  that  the 
injured  party  deposit  a  security. 

SEC.  55.  To  the  transgression  of  infringement  of  patents  the  gen- 
eral rules  of  the  proceedings  in  transgression  cases  shall  apply,  unless 
the  present  law  contain  special  regulations. 

These  transgression  cases  shall  be  proceeded  with  out  of  order,  and 
the  provisions  of  section  7  of  the  Law  VI  of  the  year  1883  restricting 
further  appeal  against  the  sentence  of  the  second  instance  do  not 
apply  thereto. 

SEC.  56.  Acts  committed  in  obtaining,  assigning,  using,  or  working 
patents  which  constitute  the  substance  of  a  crime  or  misdemeanor 


HUNGARY.  321 

named  in  the  penal  code  must  be  judged  in  accordance  with  the  penal 
•code. 

If  the  act  constitute  a  crime  or  misdemeanor  contrary  to  the  penal 
code,  and  a  transgression  contrary  to  the  present  law,  the  penal  code 
and  this  law  shall  apply  in  separate  proceedings. 

SEC.  57.  A  person  who  is  apprehensive  of  the  commencement  of  an 
action  for  infringement  has  the  right  to  request  the  patent  authorities 
to  decide,  by  prior  judgment,  that  the  article  made  or  used  by  him,  or 
the  process  employed  by  him,  is  not  an  infringement  of  a  patent 
named  by  him. 

Such  request  shall  be  lodged  at  the  Patent  Office  in  duplicate,  and 
be  accompanied  by  a  description  of  the  article  to  be  made  or  of  the 
process  to  be  used.  One  of  the  copies  shall  be  handed  to  the  owner 
of  the  patent  with  the  notice  that  he  may  lodge  a  reply  to  this  re- 
quest at  the  Patent  Office  within  the  term  allowed. 

The  request  is  gone  into  by  the  judicial  department  of  the  Patent 
Office,  and  is  decided  after  hearing  the  parties,  and  also  experts,  if 
required.  The  applicant  bears  the  costs. 

The  decision  of  the  judicial  department  may  be  appealed  against 
before  the  Patent  Senate  within  thirty  days.  . 

A  decision  of  prior  judgment  in  favor  of  the  applicant  excludes 
infringement  proceedings  relating  to  the  same  matter  against  the 
person  on  whose  request  such  prior  judgment  was  given. 

Proceedings  for  prior  judgment  shall  not  be  requested  by  persons 
against  whom  an  action  for  infringement  of  the  same  patent  is 
pending  before  the  Penal  Court. 

SEC.  58.  The  party  injured  by  an  infringement  may  prosecute  his 
claims  for  recognition  of  his  patent  rights,  for  cessation  of  the  in- 
fringement, and  for  indemnity  against  the  inf ringer  in  civil  pro- 
ceedings : 

(a)  If  he  do  not  request  a  commencement  of  penal  action  or  if  he 
withdraw  such  request. 

( b )  If  he  have  not  claimed  indemnity  at  the  Penal  Court. 

(c)  If  he  be  referred  by  the  Penal  Court  to  civil  proceedings  for 
indemnity. 

(d)  If  penal  proceedings  can  n6t  be  entered  into  on  account  of  the 
death  of  the  infringer,  or  on  account  of  the  liability  to  punishment 
having  ceased  by  reason  of  proscription  or  for  other  reasons. 

The  party  injured  may  claim  recognition  of  his  patent  rights, 
cessation  of  the  infringement,  and  indemnity,  even  if  the  offender  be 
not  subject  to  any  penal  responsibility.  In  such  case  the  indemnity 
shall  not  exceed  the  profit  obtained  by  the  infringement. 

In  preceding  in  such  actions  the  provisions  of  paragraphs  2  and 
3  of  section  50  and  sections  51,  53,  and  54  of  this  law  shall  apply. 


322  HUNGAKY. 

The  right  to  indemnity  expires : 

(1)  After  three  years  from  the  date  on  which  the  injured  party 
became  aware  of  the  infringement. 

(2)  After  ten  years  from  the  date  on  which  the  infringement  was 
committed,  even  if  it  have  never  come  to  the  knowledge  of  the  in- 
jured party  or  even  if  the  three  years  have  not  elapsed  from  the  day 
on  which  it  came  to  the  knowledge  of  the  injured  party. 

SEC.  59.  The  actions  for  indemnity  mentioned  in  sections  14  and 
58  of  this  law,  actions  relating  to  the  rights  of  property  in  patents^ 
and  litigations  relating  to  patents — except  litigations  as  to  succes- 
sion— are  within  the  jurisdiction  of  Courts  of  Justice  as  Courts  of 
Commerce,  unless  they  be  within  the  jurisdiction  of  the  patent  au- 
thorities in  accordance  with  this  law. 

CHAPTER  IX. 

TRANSITORl"  AND  FINAL  PROVISIONS. 

SEC.  60.  From  the  day  on  which  this  law  comes  into  force  the  pro- 
visions thereof  .shall'apply  to  every  application  for  a  patent  not  yet 
finally  decided  upon.  The  patent  taxes  already  paid  shall  be  re- 
funded only  if  the  application  be  withdrawn,  otherwise  the  patent 
shall  be  issued  only  after  paying  the  difference  of  the  taxes  when  the 
taxes  under  the  new  law  are  higher  than  those  under  the  old  law. 

SEC.  61.  On  the  day  on  which  this  law  comes  into  force  all  the 
patents,  the  specifications  of'  which  were  kept  secret,  shall  be  con- 
sidered as  open,  except  in  the  cases  mentioned  in  the  last  paragraph 
of  section  34. 

SEC.  62.  On  the  coming  into  force  of  this  law,  the  provisions  of 
Chapters  II  and  IY,  of  sections  38  to  40  of  Chapter  V,  of  Chapter 
VI,  of  paragraphs  8,  9,  and  10  of  section  45  of  Chapter  VII,  and 
further  of  sections  46  to  48  of  the  same  chapter,  of  Chapter  VIII, 
and  of  section  61  of  Chapter  IX  shall  also  be  extended  to  the  patents 
granted  before  this  law  shall  come  into  force.  Moreover,  old  patents 
shall  remain  subject  to  the  provisions  which  existed  at  the  time  when 
they  were  granted. 

SEC.  63.  As  to  patents  to  be  granted  to  citizens  of  the  other  king- 
doms and  countries  of  His  Majesty,  or  of  Bosnia  and  Herzegovina, 
or  to  persons  who  may  reside  in  these  countries  or  have  establishments 
in  the  same,  Article  XVI  of  the  Commercial  and  Tariff  Union,  modi- 
fied by  Law  XLI  of  the  year  1893  and  section  9  of  Law  LII  of  the 
year  1879,  shall  apply. 

The  provisions  of  treaties  of  the  State  differing  from  this  law  are 
not  influenced  thereby. 


HUNGARY.  323 

SEC.  64.  The  date  at  which  this  law  shall  come  into  force  shall  be 
determined  by  the  Minister  of  Commerce  in  agreement  with  the 
Minister  of  Justice  and  the  Ban  of  Croatia,  Slavonia,  and  Dalmatia. 

SEC,  65.  The  execution  of  this  law  is  intrusted  to  the  Ministers  of 
Commerce,  of  Justice,  and  of  Finance,  and  for  Croatia  and  Slavonia, 
the  Minister  of  Commerce  and  Finance,  and  the  Ban  of  Croatia, 
Slavonia,  and  Dalmatia. 

{Law  concerning  the  accession  of  the  countries  under  the  Holy  Hungarian  Crown  to  the 
International  Union  for  the  Protection  of  Industrial  Property  (so  far  as  it  is  not  em- 
bodied in  the  text  of  the  law  above  and  does  not  consist  of  merely  temporary  pro- 
visions).] 

ARTICLE  I.  The  Ministry  is  authorized  to  take  the  measures  neces- 
sary on  the  occasion  of  the  accession  of  the  countries  under  the  Holy 
Hungarian  Crown  to  the  arrangements  set  out  in  the  documents  below 
which  regulate  the  international  union  for  the  protection  of  industrial 
property. 

ART.  II.  The  documents  referred  to  in  the  preceding  article  are  as 
follows:  (Here  follows  the  French  text  with  a  translation  into  Hun- 
garian, first  of  the  International  Convention  for  the  Protection  of 
Industrial  Property  of  the  20th  of  March,  1883 ;  second,  of  the  Ar- 
rangement concerning  the  international  registration  of  manufactur- 
ing and  commercial  marks  of  the  14th  of  April,  1891 ;  third,  of  the 
Protocol  concerning  the  maintenance  of  the  International  Bureau  of 
the  Union  for  the  Protection  of  Industrial  Property  of  the  15th  of 
April,  1891 ;  fourth,  of  the  Additional  Act  of  the  14th  of  December, 
1900,  modifying  the  Convention  of  the  20th  of  March,  1883,  and  of 
the  Protocol  thereto  annexed ;  fifth,  of  the  Additional  Act  of  the  14th 
of  December,  1900,  to  the  Arrangement  of  the  14th  of  April,  1891, 
concerning  the  international  registration  of  manufacturing  and  com- 
mercial marks.) 

ART.  III.  The  rights  of  priority  accorded  to  residents  in  the  con- 
tracting States  by  Article  4  of  the  International  Convention  of  the 
20th  of  March,  1883,  modified  by  the  Additional  Act  of  the  14th  of 
December,  1900,  shall  be  expressly  claimed  at  the  time  of  the  lodging 
in  Hungary  of  the  application  for  a  patent  *  *  *  in  default  of 
which  priority  shall  be  decided  according  to  the  date  of  lodging  in 
this  country. 

An  ordinance  of  the  Minister  of  Commerce  shall  determine  the 
documents  necessary  to  establish  the  right  of  priority  claimed  and 
shall  state  at  what  time  such  documents  shall  be  lodged. 

The  rights  of  priority  accorded  by  Article  4  of  the  Convention  of 
the  20th  of  March,  1883,  modified  by  the  additional  act  of  the  14th 
of  December,  1900,  can  not  be  claimed  in  this  country  by  natives  on 
the  ground  of  an  application  made  abroad. 


324  HUNGARY. 

ART.  V.  The  Ministry  is  authorized  to  pronounce  effective  in  the 
countries  under  the  Holy  Hungarian  Crown,  dating  from  the  1st  of 
January,  1909,  the  conventions  agreed  to  in  the  documents  set  out. 
under  Article  II  of  this  law  and  to  take  the  measures  necessary  for 
their  execution. 


HUNGARY— WAR    LEGISLATION. 
[DECREE  OF  12TH  AUGUST,  1914.] 

In  virtue  of  section  16  of  Section  No.  LXIII  of  1912,  concerning 
exceptional  measures  to  be  taken  in  case  of  war,  the  Hungarian 
Ministry  decrees  as  follows: 

1.  There  is  granted  for  the  payments  of  money  debts  due  or  be- 
coming due  up  to  September  30,  inclusive,  and  resulting  from  a  bill 
of  exchange,  commercial  transaction,  a  check  or  a  warrant  given 
before  the  1st  August,  1914,  or  in  general  any  transaction  involving 
commercial  rights,  or  any  kind  of  private  right  being  in  existence 
before  the  1st  August,  1914,  a  moratorium  delay  of  two  months,  the 
duration  of  this  delay  starts  fram  the  date  of  default,  and  if  this 
was  before  the  1st  August,  1914,  the  delay  will  be  counted  from  this 
latter  date. 

SEC.  6.  The  moratorium  delay  granted  under  section  1  also  extends 
to  annual  taxes  for  patents. 

SEC.  15.  The  present  ordinance  comes  into  force  15th  August,  1914. 

HUNGARY. 
[ORDINANCE  NO.  70364  OF  21   SEPTEMBER,  1914.] 

The  third  line  of  section  34  of  Article  XXXVIII  of  the  law 
of  1895  is  replaced  by  the  following : 

At  the  request  of  the  applicant  the  publication  of  the  patent  application  may 
be  withheld  one  year  or  more,  counting  from  the  decision  ordering  the  publica- 
tion. A  postponement  of  three  months  can  not  be  refused. 

The  present  decree  comes  into  force  immediately. 
PATENTS — TAXES — MORATORIUM — INSTRUCTIONS  OF  OCTOBER  14.  1914. 

[Translation.] 

[INSTRUCTIONS  FURNISHED  BY  THE  HUNGARIAN  ADMINISTRATION  OF  DATE 

OCT.  14,  1914.] 

By  ordinance  of  the  Government  (for  notice  of  which  see  12  P.  & 
T.  M.  Rev.,  356)  there  has  been  granted  for  the  payment  not  only  of 
taxes  due  on  patents  but  also  for  those  not  yet  due,  an  extension  until 


HUNGAKY.  325 

November  30  next  (1914 — Ed.)  and  which,  in  all  likelihood,  will  be 
prolonged  in  case  of  necessit}7. 

By  reason  of  circumstances  our  office  extends  the  greatest  tolerance 
in  whatever  concerns  applications  for  the  extensions  established  by 
the  regulations  in  the  procedure  for  the  delivery  of  patents,  and, 
whenever  the  non-compliance  with  an  extension  shall  be  evidenced 
competently,  its  effects  may  be  voided  by  means  of  a  request  indicat- 
ing the  excuses  of  the  party  interested. 

The  Patent  Office  will  not  consider,  during  the  course  of  the  war., 
matters  emanating  from  the  countries  of  enemies.  Therefore  non- 
fulfillment of  a  delay  in  procedure  is  riot  contemplated.  It  will  be 
treated  probably,  in  this  connection,  according  to  the  rules  of  reci- 
procity. 

(From  La  Propriete  Industrielle,  October,  1914.) 


[DECREE  OF  ROYAL  HUNGARIAN  MINISTRY  NO.  8680,  OF  30TII  NOVEMBER,  1914.] 

1.  The  moratorium  delay  granted  by  the  ordinance  of  30th  Sep- 
tember, 1914,  No.  7205  of  1914,  for  accomplishing  obligations  of 
private  character,  is  prolonged  until  31st  January,  1915,  in  so  far  as 
it  concerns  all  money  debts  which  the  present  ordinance  does 'not 
exclude  from  the  moratorium. 

SEC.  3.  The  moratorium  term  granted  by  section  1  applies  equally 
to  annual  taxes  for  patents. 

SEC.  4.  The  present  ordinance  may  be  referred  to  as  the  fourth 
ordinance  relative  to  moratorium,  and  comes  into  force  December 
1,  1914. 

PATENTS — TAXES — PROLONGATION  OF  TERM. 

We  note  from  a  decree  of  the  Royal  Hungarian  Ministry,  dated  No- 
vember 30,  1914,  that  the  moratorium  decreed  August  12,  1914  (for 
notice  of  which  see  12  P.  &  T.  M.  Rev.,  356),  and  extending  to  No- 
vember 30  (for  notice  of  which  see  13  P.  &  T.  M.  Rev.,  72) ,  was  again 
extended  to  January  31,  1915. 

Section  3  relates  to  the  prolongation  of  the  term  for  the  payment 
of  patent  taxes  to  the  above-stated  term. 

(From  Oesterretchisches  PatentUatt,  Dec.  15, 1914.) 


INDUSTRIAL  PROPERTY — STAMP  TAX — INCREASE  POSSIBLE. 

We  are  indebted  to  Dr.  S.  Szilasi,  of  Budapest,  for  the  information 
that  commencing  January  1,  1915,  a  new  law  pertaining  to  stamp 
taxes  became  operative,  in  accordance  with  which  requests,  docu- 


326  HUNGARY. 

inents,  inclosures,  etc.,  are  subject  to  increased  stamp  duty.  Inas- 
much as  this  law  does  not  contain  any  specific  reference,  whereby  its 
provisions  are  also  applicable  to  patent,  design,  and  trade-mark  mat- 
ters, there  prevails  in  the  legal  profession  the  view  that,  for  the 
present  at  least,  the  former  stamp  duty  is  still  in  force  in  respect  of 
industrial  matters. 


PATENTS — PAYMENTS  OF  TAXES — PROLONGATION  OF  TERM — DECREE  OF 

JANUARY  10,  1915. 

[Translation.] 

Decree  No.  87021  of  1914  of  the  Minister  of  Commerce  relating  to 
the  prolongation  of  the  terms  for  the  payment  of  annual  taxes  as 
stipulated  in  section  45  of  the  patent  law. 

By  virtue  of  the  authorization  conferred  upon  me  in  accordance 
with  section  16  of  Article  63  of  the  law  of  1912,  relating  to  exceptional 
provisions  in  case  of  war,  I  decree,  in  accordance  with  the  decree  No. 
6981  of  1914,  of  the  Royal  Hungarian  Ministry,  the  following  pro- 
visions : 

SECTION  1.  The  terms  for  patents  of  invention  stipulated  in  section 
45  of  Article  37  of  the  law  of  1895,  relating  to  the  payment  of  anriual 
taxes  are  prolonged  in  such  a  manner  that  for  the  period  commenc- 
ing August  1,  1914,  to  April  30,.  1915,  the  course  of  the  terms  fixed 
for  the  payment  of  annual  taxes  and  fines  is  suspended. 

Therefore,  the  annual  tax  for  those  patents,  the  annual  tax  for 
which  was  not  debited  as  yet  on  August  1,  1914,  may  still  be  paid 
without  fine  after  April  30,  1915,  within  as  many  days  as  there  still 
remain  of  the  30  days  stipulated  for  the  payment  without  fine, 
after  deducting  the  days  expired  prior  to  August  1,  1914,  and  within 
an  additional  30  days,  but  if  so,  only  with  a  fine. 

On  the  other  hand,  the  annual  tax  for  those  patents,  the  annual  tax 
for  which  has  been  already  debited  prior  to  August  1,  1914,  with  a 
fine,  may  be  only  paid  with  a  fine,  namely,  within  as  many  days 
reckoned  from  May  1,  1915,  as  there  still  remain  unexpired  of  the  30 
days  stipulated  for  the  payment  with  a  fine,  after  deducting  the  days 
expired  prior  to  August  1,  1914. 

SEC.  2.  The  acts  of  grace  granted  in  the  present  decree  are  appli- 
cable to  foreigners  only  if  the  State  of  the  foreigner  in  question 
.grants  similar  privileges  to  Hungarian  subjects,  and  when  this  fact 
is  published  in  the  official  journal. 

SEC.  3.  This  decree  becomes  operative  on  the  day  of  its  publication. 

Budapest,  January  10,  1915. 

(Signed)  BARON  JANOS  HARKANY, 

Royal  Hungarian  Minister  of  Commerce. 


HUNGARY.  327 

TRADE-MARKS — RENEWALS — EXCEPTIONAL  RULES  IN   FORCE  DURING 
THE  WAR — DECREE  OF  DECEMBER  31,  1914. 

[Translation.] 

Decree  of  the  Royal  Hungarian  Minister  of  Commerce  of  Decem- 
ber 31,  1914,  relating  to  the  prolongation  of  the  terms  stipulated  in 
Article  2  of  the  law  of  1890,  and  Article  61  of  1895,  and  pertaining 
to  the  protection  of  trade-marks. 

On  the  ground  of  the  authorization  contained  in  secton  16  of 
Article  3  of  the  law  of  1912,  providing  for  the  issue  of  exceptional 
rules  in  case  of  war,  the  following  is  decreed : 

SECTION  1.  The  term  extended  to  February  1,  1915  (for  text  of 
which  see  13  P.  &  T.  M.  Rev.,  41),  for  the  renewal  of  marks,  the 
term  of  protection  for  which  in  accordance  with  the  decree  of  October 
.21.  1914,  expires  during  the  period  July  26,  1914,  to  December  31, 
1914,  is  prolonged  to  August  1,  1915. 

SEC.  2.  A  term  expiring  up  to  August  1,  1915,  is  allowed  for  the 
renewal  of  marks,  the  protection  for  which  expires  during  the  period 
January  1,  1915,  to  June  30,  1915. 

SEC.  3.  Sections  2  to  6  of  the  decree  of  October  21,  1914,  No.  76311 
shall  likewise  be  made  correspondingly  applicable  until  further 
notice. 

SEC.  4.  This  decree  becomes  at  once  operative. 

(From  Oesterreichisches  Patenfblatt,  Feb.  1, 1915.) 


TRADE-MARKS — RENEWALS — EXCEPTIONAL  RULES  IN   FORCE  DURING 

WAR. 

We  are  advised  by  one  of  our  Hungarian  correspondents  that  a 
decree  was  published  on  October  24,  1914,  the  essential  provisions  of 
which  are  given  below : 

A  term  extending  to  February  1.  1915,  is  granted  for  the  renewal 
of  trade-marks,  the  term  of  protection  of  which  expires  within  the 
period  commencing  July  26,  1914,  to  December  31,  1914. 

The  new  ten-year  term  of  protection  of  a  mark  renewed  on  the 
ground  of  the  above  provision  commences  from  the  day  on  which  the 
mark  should  have  been  renewed  according  to  the  provisions  of  the 
trade-mark  law. 

When  a  mark  to  which  the  above-mentioned  term  is  applicable  has 
been  annulled,  the  annulment  shall  be  made  retroactive  provided  that 
application  for  the  renewal  of  the  mark  is  made  before  February  1, 
1915. 

The  term  of  two  years  provided  for  in  the  law  for  the  protection  of 
trade-marks  for  the  filing  of  motions  for  annulment  is  abrogated  for 
such  a  length  of  time  as  a  state  of  war  exists. 


328  HUNGAKY. 

The  provisions  of  this  decree  are  applicable  only  to  countries 
granting  reciprocity,  which  fact  will  be  published  in  the  Official 
Journal. 

PATENTS — DESIGNS — TRADE-MARKS — FOREIGN — PROCEDURE — WAR 
MEASURES— ORDINANCE  No.  81586 — 1914  OF  JANUARY  13,  1915. 

[Translation.] 

Ordinance  of  the  Ministry  of  Commerce  concerning  the  application 
of  the  exceptional  measures  established  by  the  ordinance  No.  9146 — 
1914  for  the  procedure  to  be  followed  with  regard  to  subjects  of  for- 
eign countries  in  contested  and  uncontested  matters  relating  to  pat- 
ents, trade-marks,  and  designs.  (No.  81586 — 1914,  of  Jan.  X3,  1915.) 

By  virtue  of  the  power  vested  in  me  by  section  16  of  Article  LXIII 
of  the  law  of  1912  concerning  the  exceptional  measures  applicable  in 
case  of  war,  I  decree  as  follows : 

SECTION  1.  The  provisions  of  the  ordinance  No.  9146 — 1914  con- 
cerning the  exceptional  measures  applicable  to  civil  procedures  in  con- 
tested and  uncontested  cases,  which  measures  have  been  rendered  nec- 
essary by  reason  of  the  war,  shall  be  applicable  also  to  procedures  in 
the  matter  of  patents,  trade-marks,  and  designs. 

Said  provisions  shall  be  applicable  to  subjects  of  foreign  countries 
only  when  the  country  of  origin  of  the  foreigner  in  question  accords 
Hungarian  subjects  the  same  privileges  and  if  such  fact  is  announced 
by  a  notice  published  in  the  Budapesti  Kozlonv. 

SEC.  2.  This  ordinance  shall  go  into  force  immediately. 

(From  Oesterreichisches  Patentblatt,  in  213  O.  G.,  363.) 


TRADE-MARKS — RENEWALS — PROLONGATION  OF  TERMS — WAR 

MEASURES. 

[Translation.] 

Decree  of  the  Ro}~al  Hungarian  Minister  of  Commerce  of  June  28y 
1915,  in  the  matter  relating  to  the  prolongation  of  terms  fixed  in 
Article  2  of  the  law  of  1890  and  41  of  the  law  of  1895  for  the  protec- 
tion of  trade-marks. 

By  virtue  of  the  authorization,  obtained  on  the  ground  section  16 
of  Law  Article  63  of  the  year  1912.  to  decree  exceptional  measures  in 
the  event  of  war,  I  decree,  as  implied  by  the  decree  issued  by  the 
Eoyal  Hungarian  Ministry  No.  6981 — 1914,  as  follows: 

ARTICLE  1.  For  the  renewal  of  marks  that  should  have  been  renewed 
after  July  26, 1914,  or  that  should  have  been  renewed  in  order  to  main- 
tain protection,  I  grant  a  prolongation  up  to  three  months  reckoned 
from  the  day  to  be  fixed  by  a  later  decree. 


HUNGARY.  329 

ART.  2.  Articles  2  to  6  of  my  decree  of  October  21,  1914,  No.  76311, 
shall  likewise  find  corresponding  application  in  future. 

ART.  3.  This  decree  becomes  operative  on  the  day  of  its  publication. 

Commencing  from  this  day  this  present  decree  replaces  Article  1  of 
the  decree  of  October  21, 1914  (see  13  P.  &  T.  M.  Rev.,  41) ,  and  decree 
of  December  31, 1914  (see  13  P.  &  T.  M.  Rev.,  172) . 

(From  OesterreicMsches  Pateniblatt,  July,  1915.) 


INDUSTRIAL  PROPERTY — PROLONGATION  OF  CONVENTION  TERMS — WAR 
MEASURE — DECREE  OF  DECEMBER  1, 1915. 

[Translation.] 

Decree  of  the  Royal  Hungarian  Ministry  of  Commerce  of  Decem- 
ber 1.  1915,  No.  81250-1915,  relating  to  the  prolongation  of  the  terms 
fixed  in  Article  4  of  the  Paris  Convention. 

By  virtue  of  the  authorization  contained  in  section  16  of  Article  63 
of  the  law  of  1912,  regarding  exceptional  measures  to  be  taken  in  the 
event  of  war,  I  decree,  as  implied  by  the  decree  of  the  Royal  Hun- 
garian Ministry,  Xo.  6981-1914,  as  follows: 

SECTION  1.  The  terms  of  priority  fixed  in  Article  4  of  the  Paris  Con- 
vention of  March  20,  1883,  for  the  protection  of  industrial  property, 
revised  at  Brussels  December  14,  1900,  and  at  Washington  June  2, 
1911,  and  having  reference  to  patent,  design,  and  trade-mark  applica- 
tions, in  so  far  as  these  terms  have  not  expired  prior  to  June  26,  1914, 
are  prolonged  for  three  months,  commencing  from  a  day  to  be  fixed 
by  a  later  decree. 

This  provision  is  applicable  only  in  favor  of  citizens  of  other  coun- 
tries not  belonging  to  the  International  Convention  for  the  protection 
of  industrial  property  if  these  countries  prolong  the  priority  terms  in 
favor  of  Hungarian  subjects.  If,  however,  any  of  these  countries  do 
not  grant  this  privilege  to  Hungarian  subjects  to  the  extent  as  men- 
tioned in  the  first  section,  a  proportionate  restriction  shall  be  applica- 
ble in  respect  of  the  citizens  of  the  countries  in  question. 

A  notice  to  be  published  in  the  official  journal  will  determine  to 
what  an  extent  the  terms  of  priority  are  prolonged  in  favor  of  citi- 
zens of  other  countries  in  accordance  with  the  provisions  of  the  sec- 
ond paragraph. 

SEC.  2.  If  the  applicant  has  been  prevented  through  war  events 
from  observing  any  of  the  priority  terms  for  patent,  design,  and 
trade-mark  applications,  as  fixed  by  Article  4  of  the  Paris  Convention, 
revised  at  Brussels  December  14,  1900,  and  at  Washington  June  2, 
1911,  he  may  overcome  the  consequences  of  his  reglect  by  a  plea  in 
justification. 


330  HUNGARY. 

This  provision  likewise  applies  to  the  terms  that  have  already  ter- 
minated prior  to  the  coming  into  force  of  this  decree. 

The  plea  in  justification,  if  it  be  allowed,  shall  be  to  the  effect  that 
the  application  is  to  be  considered  as  having  been  filed  in  due  time 
within  the  priority  term. 

The  plea  in  justification  shall  be  filed  within  three  months  from  the 
time  that  the  obstacle  has  ceased  to  exist,  or,  in  the  event  that  the  ob- 
stacle ceased  to  exist  prior  to  the  day  of  the  notification  mentioned  in 
the  fifth  subsection,  it  shall  be  filed  within  three  months,  reckoned 
from  this  day.  However,  this  plea  shall  be  filed  under  any  circum- 
stances not  later  than  three  months  from  the  day  to  be  fixed  later 
on  by  decree.  The  application  shall  be  filed  simultaneously  with  the 
plea  in  justification.  The  application  division  of  the  Royal  Hun- 
garian Patent  Office  shall  pass  on  the  plea  'in  respect  to  patent 
matters  and  the  Royal  Hungarian  Minister  on  design  and  trade 
matters,  to  whom  the  petitions  are  to  be  submitted  that  have  been 
filed  with  the  Chamber  of  Commerce  and  Trade. 

These  provisions  are  operative  in  favor  of  citizens  of  countries  other 
than  those  adhering  to  the  International  Convention  for  the  Protec- 
tion of  Industrial  Property  only  in  connection  with  such  kind  of 
applications,  for  which  a  similar  favor  is  granted  in  those  countries 
to  Hungarian  subjects  according  to  a  notification  to  be  published  in 
the  Official  Journal. 

SEC.  3.  The  applicant  shall  be  considered  as  a  citizen  of  that 
country  wherein  he  has  his  domicile,  if  he  does  not  prove  citizenship 
that  would  secure  for  him  another  more  favorable  procudure. 

SEC.  4.  The  decree  shall  come  into  force  on  the  day  of  its  publica- 
tion (Dec.  3,  1915). 

(From  Blatt  fur  Patent,  Muster  und  Zeichenwesen,  Jan.  26,  1916.) 


PATENTS — TAXES — PROLONGATION  or  TERM — WAR  MEASURE — DECREE 
or  DECEMBER  23,  1915. 

(Translation.) 

Decree  No.  87639-1915  of  the  Royal  Hungarian  Minister  of  Com- 
merce of  December  23,  1915,  relating  to  the  prolongation  of  terms 
for  the  payment  of  annual  patent  taxes. 

ARTICLE  1.  The  decree  No.  54400-1915  of  August,  1915  (14  P.  &  T. 
M.  Rev.,  67),  communicated  by  circular  letter  of  August  23,  1915, 
according  to  which  the  term  for  the  payment  of  annual  patent  taxes 
and  fines  was  prolonged  to  December  31,  1915,  has  been  amended,  so 
that  the  term  of  this  moratorium  is  prolonged  to  June  30,  1916. 


HUNGARY.  331 

The  remaining  provisions  of  the  cited  decree  remain  unaltered. 
ART.  2.  The  present  decree  becomes  effective  on  the  day  of  its  pub- 
lication (Dec.  28,  1915). 

[NOTE. — This  decree  is  applicable  to  citizens  or  subjects  of  the  following- 
States  :  Denmark,  Germany,  France,  Great  Britain,  Italy,  Norway,  Austria,. 
Sweden,  Switzerland,  Spain,  and  United  States.] 


PATENTS — APPLICATIONS — PUBLICATION — OPTIONAL  POSTPONEMENT — 
DECREE  (AMENDATORY)  OF  APRIL  9,  1916. 

(Translation.) 

By  virtue  of  the  power  conferred  by  Article  16  of  Legislative 
Article  63  of  1912,  concerning  the  exceptional  measures  to  be  taken 
in  case  of  war,  and  in  conformity  with  the  provisions  of  the  decree 
of  the  Royal  Hungarian  Ministry,  I  order  as  follows : 

Paragraph  3  of  Article  34  of  Legislative  Article  38  of  1895  shall 
consist  of  the  following  provision :  "  On  petition  of  the  applicant  the 
publication  of  the  application  for  patent  may  be  delayed  until  a  date 
that  shall  be  fixed  by  the  Ministry  of  Commerce  after  the  conclusion 
of  the  war." 

The  present  decree  shall  become  of  effect  immediately  and  abro- 
gates decree  No.  70364,  of  September  21,  1914. 

(From  15  Bollettino  della  Proprieta  Intelletuale,  Fasc.  15  and  16, 
p.  93.) 

PATENTS — TAXES — PROLONGATION  OF  TERM — WAR  MEASURE — DECREE 
No.  41351  OF  JUNE  19,  1916. 

[Translation.] 

Decree  of  the  Royal  Hungarian  Minister  of  Commerce  concerning 
the  prolongation  of  the  term  for  the  payment  of  the  taxes  established 
by  section  45  of  legislative  Article  37  of  1895  concerning  patents  of 
invention. 

By  virtue  of  the  power  conferred  by  section  16  of  legislative 
Article  43  of  1912,  concerning  exceptional  measures  to  be  taken  in 
case  of  war,  and  agreeably  to  decree  No.  6981-1914  M.  E.  of  the  Royal 
Hungarian  Minister, 

I  decree  as  follows: 

ARTICLE  1.  The  provision  of  my  decree  No.  87639  of  December  23, 
1915,  by  the  terms  of  which  the  terms  for  the  payment  of  patent 
taxes  and  fines  were  suspended  until  June  30,  1916,  is  amended  in 
the  sense  that  the  duration  of  this  suspension  is  prolonged  until 
December  31,  1916. 

Otherwise  my  above-cited  decree  remains  in  force  without  modi- 
fication. 


332  HUNGARY. 

ART.  2.  The  present  decree  shall  become  effective  from  the  date  of 
its  publication. 

Budapest,  June  19,  1916. 

(Signed)  JEAN  HARKANTI, 

Royal  Hungarian  Minister  of  Commerce. 
(From  32  La  Propriete  Industrielle,  78,  July,  1916.) 
[NOTE. — This  decree  is  applicable  to  citizens  or  subjects  of  the  following 
countries:  Denmark,  Germany,  France,  Great  Britain,  Italy,  Norway,  Austria, 
Sweden,  Switzerland,  Spain,  and  United  States.] 

INDUSTRIAL  PROPERTY — PROTECTION — RESTRICTION  OR  ANNULMENT — 

"  WAR  MEASURE." 

Decree  of  the  Royal  Hungarian  Ministry  of  August  15,  1916,  No. 
2706-1916,  relating  to  reprisals  in  respect  of  the  preventive  measures 
taken  in  matters  pertaining  to  the  protection  of  industrial  property 
by  the  individual  alien  countries. 

The  Royal  Hungarian  Ministry,  by  virtue  of  the  authorization  re- 
ceived under  the  laws  enacted  for  the  taking  of  exceptional  measures 
in  the  event  of  war,  decrees  as  follows : 

ARTICLE  1.  The  Royal  Hungarian  Minister  of  Finance  may  upon 
application  and  in  the  public  interest  restrict  and  annul  the  rights 
of  protection  of  patents  and  designs  of  subjects  of  France  and  Great 
Britain,  but  may  only  restrict  the  trade-mark  rights.  The  Minister 
may  in  particular  to  these  rights  grant  other  rights  of  use  subject  to 
conditions  stipulated  in  his  decision. 

The  decision  of  the  Ministry  rendered  on  the  ground  of  the  first 
paragraph  becomes  operative,  provided  that  it  does  not  contain  in 
this  respect  a  decision  to  the  contrary,  on  the  day  of  its  decree,  and 
retroactive  power  may  be  given  thereto.  The  decision  of  the  Minis- 
try is  likewise  operative  against  the  successors  to  the  rights  of  those 
qualified  (owners  of  patents,  and  those  entitled  to  design  and  trade- 
mark rights),  against  whom  it  was  rendered. 

The  decision  of  the  Ministry  rendered  on  the  ground  of  the  first 
paragraph  may,  in  so  far  it  does  not  contain  a  contrary  decision,  be 
modified  or  revoked  at  any  time. 

The  transfer  of  the  grant  for  the  utilization  conceded  in  accord- 
ance with  the  first  paragraph  requires,  in  order  to  be  valid,  the  ap- 
proval of  the  Royal  Hungarian  Minister  of  Finance,  except  in  the 
case  wrhen  the  grant  of  use  is  transferred  to  the  military  or  any  other 
governmental  administration  (governmental  undertakings  included) 
or  is  transferred  by  the  same  to  others. 

The  Treasury  of  the  State  enforces  by  legal  means  the  compliance 
with  conditions,  upon  which  the  grants  for  the  utilization  that  were 
conferred  in  accordance  with  the  first  paragraph  are  conditioned, 
against  the  party  entitled  to  the  use  or  his  successor  to  the  right. 


HUNGARY.  333 

Sums  of  money  that  are  to  be  paid,  as  implied  by  the  decision  of 
the  Royal  Hungarian  Minister  of  Commerce,  shall  be  paid  into  the 
Royal  Hungarian  States  Treasury  of  the  Patent  Office.  The  Royal 
Hungarian  Minister  of  Commerce,  with  the  consent  of  the  Royal 
Hungarian  Minister  of  Finance,  will  make  provisions  regarding 
these  sums  of  money. 

ART.  2.  The  Royal  Hungarian  Minister  of  Commerce  may  on  appli- 
cation restrict  or  annul  the  patents  of  Russian  subjects  without  regard 
to  public  interest.  The  Minister  may  concede  other  grants  for  utiliza- 
tion, subject  to  conditions  stipulated  in  his  decision,  particularly  so  in 
respect  of  these  rights. 

The  provisions  of  the  second  paragraph  of  Article  1  are  to  be 
applied  accordingly. 

ART.  3.  An  application  filed  on  the  ground  of  Articles  1  or  2  shall 
be  rejected  when  it  is  proved  that: 

1.  A  person  having  as  a  joint  owner  an  interest  in  the  right  is  not 
a  subject  of  one  of  the  belligerent  countries  cited  in  Articles  1  and 
2,  or 

2.  That  regarding  the  rights  in  question  the  exclusive  right  of 
utilization  belongs  to  a  person  not  a  subject  of  one  of  the  cited 
belligerent  countries,  and  the  legal  conditions,  be  it  in  the  case  of  No. 
1  or  No.  2,  have  obtained  prior  to  the  day  on  which  the  state  of  war 
with  the  State  in  question  occurred  (Art.  8),  or  when  the  right  of 
use  was  acquired  subsequently  to  the  entry  of  the  state  of  war  up  to 
the  time  of  the  enforcement  of  this  decree,  provided  the  legal  pro- 
cedure taken  in  respect  thereof  was  not  a  fraudulent  procedure. 

Application  for  the  right  of  use  coming  under  the  provisions  of 
No.  2,  which  is  not  recorded  in  the  register,  may  be  filed  with  the 
Royal  Hungarian  Minister  of  Commerce  for  the  purpose  that  said 
right  may  be  considered  in  the  sense  of  No.  2. 

ART.  4.  The  Royal  Hungarian  Minister  of  Commerce  may,  upon 
application  and  in  the  public  interest,  decree  the  annulment  of  the 
rights  of  protection  of  patents  existing  in- favor  of  subjects  of  France, 
Great  Britain,  and  Russia. 

The  decision  of  the  Ministry  rendered  on  the  ground  of  the  first 
paragraph  becomes  operative,  provided  that  the  decision  in  question 
does  not  contain  a  contrary  decision,  on  the  day  it  is  rendered  and 
may  be  given  retroactive  force. 

ART.  5.  The  procedure  in  dealing  with  applications  mentioned  in 
paragraph  1  of  Article  1,  paragraph  1  of  Article  2,  and  paragraph  1 
of  Article  4  is  as  follows : 

1.  The  application  shall  be  filed  in  writing  with  the  Royal  Hun- 
garian Minister  of  Commerce.  To  the  application  and  its  accompany- 
ing instruments  there  shall  be  attached  so  many  copies  that  each  in- 
terested party  may  be  provided  with  a  copy. 


334  HUNGARY. 

If  the  application  be  not  filed  by  the  military  or  any  other  govern- 
mental administration  (inclusive  governmental  enterprises),  the  ap- 
plicant shall  pay  into  the.  treasury  of  the  Royal  Hungarian  Patent 
Office,  for  each  right  to  which  his  application  has  reference,  a  fee  of 
50  kronen. 

2.  The  Eoyal  Hungarian  Minister  of  Finance  may  reject  the  appli- 
cation without  instituting  proceedings.     In  this  case  the  fee  of  50 
kronen,  paid  in  conformity  with  the  preceding  paragraph,  shall  be 
refunded  to  the  applicant. 

The  Royal  Minister  of  Commerce,  if  he  institutes  the  proceedings, 
charges  the  Royal  Hungarian  Patent  Office  with  the  conclusion  of  the 
proceedings. 

3.  The  President  of  the  Royal  Hungarian  Patent  Office  charges  a 
member  of  the  office  with  the  preliminary  preparation  of  the  case, 
who  hears  the    interested  parties  orally  or  in  writing  and  takes  the 
necessary  proof. 

The  member  so  charged  requests,  upon  communicating  copies  of  the 
application  and  accompanying  instruments  thereof  to  the  party 
entitled,  against  whom  the  action  is  taken,  or  if  he  be  not  domiciled 
within  the  domains,  his  representative  residing  therein,  that  he  file 
a  response  with  the  member  so  charged  regarding  the  application 
within  a  term  fixed,  in  the  request.  If  the  party  entitled  to  the  right 
does  not  reside  in  the  interior  and  has  no  local  representative  his 
testimony  shall  be  omitted. 

The  member  so  charged  requests  the  known  interested  parties  re- 
siding within  the  domains  in  a  communication  to  be  delivered,  but  the 
interested  parties,  either  unknown  or  domiciled  in  a  foreign  country, 
through  a  notification  to  be  published  once  in  Szabadalmi  Kozlonv* 

The  rules  of  practice  in  patent  litigation  is  determinative  for 
establishing  proof. 

The  member  so  charged  draws  up  a  protocol  regarding  the  pro- 
ceedings which  he  submits  to  the  president  accompanied  by  a  report. 

4.  The  president  submits  the  matter,  upon  the  appointment  of  a 
referee,  to  the  judicial  division  of  the  Royal  Hungarian  Patent  Office. 
The  referee  may  be  also  the  member  so  charged.    In  the  cases  deter- 
mined in  Article  3  the  question  of  rejection  of  the  application  is 
decided  by  the  judicial  division.    An  appeal  may  be  lodged  from  this 
decision  with  the  Royal  Hungarian  Patent  Senate  in  accordance  with 
the  rules  governing  proceedings  in  patent  litigation. 

If  the  judicial  division  of  the  Royal  Hungarian  Patent  Office  does 
not  determine  upon  the  rejection  of  the  application  on  one  of  the 
grounds  stipulated  in  Article  3,  it  decrees  to  this  effect  and  prepares 
a  suggestion  regarding  the  decision  to  be  rendered  by  the  Royal  Hun- 
garian Minister  of  Commerce  in  accordance  with  Articles  1,  2,  or  4. 

The  Royal  Hungarian  Patent  Office  submits  the  instruments,  to- 
gether with  its  suggestion,  to  the  Royal  Minister  of  Commerce,  as  soon 


HUNGARY.  335 

as  the  decision  mentioned  in  the  preceding  paragraph  has  become 
legally  operative. 

5.  The  proceedings  may  be  continued  on  the  part  of  the  office,  in 
the  event  that  the  application  for  the  annulment  of  the  patent  or 
design  right  is  withdrawn. 

6.  The  costs  of  procedure  and  representation  are  borne  by  each 
party. 

7.  The  Royal  Hungarian  Minister  of  Commerce  communicates  his 
decision  in  accordance  with  the  provisions  contained  in  No.  3  of  para- 
graph 3  of  the  same  article  to  the  parties  interested. 

8.  The  application  and  its  final  disposition,  as  well  as  the  transfer  of 
the  consent  to  the  use  given  shall  be  noted  upon  the  register  (register 
for  patents,  trade-marks,  or  designs),  and  if  a  patent  is  concerned, 
notice  shall  be  published  in  Szabadalmi  Kozlonv;  if,  however,   a 
trade-mark  or  a  design  is  involved,  publication  shall  be  made   in 
Kozponti  Vedjegyertestio. 

ART.  6.  The  grant  of  patents  to  subjects  of  France,  Great  Britain, 
Italy,  and  Russia  remains  suspended.  Applications  for  patents  that 
emanate  from  subjects  of  these  cited  countries  shall  not  be  accepted. 

The  President  of  the  Royal  Hungarian  Patent  Office  may  decide 
whether  the  proceedings,  subject  to  the  maintenance  of  the  decree 
contained  in  the  first  paragraph,  in  respect  of  patent  applications  of 
subjects  of  the  mentioned  countries,  shall  be  further  suspended,  and  if 
so  to  what  an  extent,  regarding  patent  matters  in  which  the  subjects 
of  the  countries  mentioned  in  paragraph  1  are  interested. 

The  registration  of  designs  and  trade-marks  for  subjects  of 
France,  Great  Britain,  Italy,  and  Russia  remains  suspended.  Appli- 
cations for  the  registration  of  designs  and  trade-marks  from  subjects 
of  these  countries  shall  not  be  accepted. 

The  provisions  of  these  paragraphs  are  not  applicable  to  such 
patent,  design,  and  trade-mark  applications,  in  which  as  a  joint  ap- 
plicant a  person  is  interested  who  is  not  a  subject  of  a  country  desig- 
nated in  paragraph  1,  if  the  legal  conditions  have  been  met  prior  to 
the  day  on  which  the  state  of  war  was  entered  into  with  the  country 
in  question  (sec.  8). 

ART.  7.  The  provisions  of  Article  6  are  also  applicable,  subject  to 
the  restrictions  contained  in  paragraph  2  of  Article  3,  to  such  rights 
and  applications,  which  have  been  transferred  by  subjects  of  the 
belligerent  countries  in  question  to  subjects  of  other  countries  or  to 
natives  subsequent  to  the  day  on  which  the  state  of  war  was  entered 
into  with  the  country  in  question  (Art.  8). 

.  The  operation  of  the  provisions  of  this  decree  shall  not  be  precluded 
by  the  fact  that  a  subject  of  another  country  has  been  substituted,  in 
order  to  conceal  the  nationality  of  an  enemy  country. 

93169—19 22 


336  HUNGARY. 

ART.  8.  August  5,  1914,  shall  be  considered  as  the  day  on  which 
the  state  of  war  commenced  in  respect  of  Russia ;  August  13,  1914,  in 
respect  of  France  and  Great  Britain;  and  May  24,  1915,  in  respect  of 
Italy. 

ART.  9.  Subjects  of  the  colonies  and  possessions  of  the  countries 
mentioned  in  this  decree  are  placed  on  a  par  with  the  subjects  of  the 
enemy  countries  in  question. 

ART.  10.  Every  person,  as  long  as  the  same  does  not  prove  any- 
thing to  the  contrary,  shall  be  considered  a  subject  of  the  country, 
its  colony  or  possession  in  which  territory  he  has  his  domicile. 

Juridicial  persons  and  companies  will  be  dealt  with  like  the  sub- 
jects of  the  country,  the  colony  or  poasession  thereof  in  which  terri- 
tory they  are  situated.  In  so  far  as  the  rights  designated  in  para- 
graphs 1,  2,  and  4  are  concerned,  there  shall  be  placed  on  a  par  with 
the  subjects  of  France,  Great  Britain,  and  Russia  such  enterprises 
or  branch  establishments  of  enterprises  operative  within  a  terri- 
tory where  this  decree  is  in  force,  that  are  conducted  or  supervised 
from  these  countries,  their  colonies  or  possessions,  or  the  profits  from 
which  are  as  a  whole  or  in  part  remitted  thereto,  or  the  capital  of 
which  is  wholly  or  partially  owned  by  subjects  of  these  countries, 
their  colonies  or  possessions,  wherever  they  are  domiciled,  regardless 
of  the  fact  whether  or  not  the  enterprises  or  branch  establishments 
are  subjected  to  supervision  or  to  another  restriction  on  the  part  of 
the  authority. 

ART.  11.  This  decree  becomes  operative  on  the  day  of  its  publi- 
cation. Its  operation  extends  to  the  whole  territory  of  the  countries 
of  the  Hungarian  sacred  Crown. 

(From  O  esterreichisches  Patenfblatt,  1916;  reprinted  in  Blatt  fur 
Patent,  Muster  und  ZeicJienwesen,  Sept.  27, 1916.) 

PATENTS — TAXES — FURTHER   EXTENSION   OF  TERM   FOR   PAYMENT — • 
"WAR  MEASURES  "—DECREE  No.  91,621  OF  DECEMBER  20,  1916. 

[Translation.] 

Decree  of  the  Royal  Hungarian  Minister  of  Commerce  concerning 
the  prolongation  of  the  term  for  the  payment  of  the  annual  taxes 
fixed  by  section  45  of  the  thirty-seventh  legislative  Article  of  1895 
concerning  patents  of  invention. 

By  virtue  of  the  power  conferred  by  section  16  of  the  sixty-third 
legislative  Article  of  1912  concerning  exceptional  measures  to  be 
taken  in  case  of  war,  and  in  accordance  with  the  decree  of  the  Royal 
Hungarian  Minister  of  Commerce,  No.  6981-1914, 1  decree  as  follows  : 

ARTICLE  1.  The  provision  of  my  decree  of  June  19,  1916,  accord- 
ing to  the  terms  of  which  the  course  of  the  terms  for  the  payment 
of  the  annual  patent  taxes  and  additional  taxes  has  been  suspended 


HUNGAKY.  337 

until  December  31,  1916,  is  modified  in  the  sense  that  the  duration  of 
this  suspension  is  prolonged  until  June  30,  1917. 

As  to  the  remainder,  my  decree  above  cited  remains  in  force  with- 
out any  modification. 

ART.  2.  The  present  decree  shall  become  effective  from  the  date  of 
its  publication. 

Budapest,  December  20,  1916. 

(Signed)  BARON  JEAN  HARKANYI,  m.  p., 

Royal  Plungarian  Minister  of  Commerce. 

(From  33  La  Propriete  Industrielle,  2,  of  Jan.  2,  1917.) 

PATENTS — TAXES — FURTHER   EXTENSION   OF   TERM  FOR  PAYMENT — 
"WAR  MEASURES  "—DECREE  No.  46,728,  OF  JUNE  26,  1917. 

[Translation.] 

Decree  of  the  Royal  Hungarian  Minister  of  Commerce  concerning 
the  extension  of  the  delay  for  the  payment  of  the  annuities  estab- 
lished by  section  45  of  the  thirty-seventh  legislative  Article  of  1895 
concerning  patents  of  invention. 

By  virtue  of  the  power  conferred  by  section  16  of  the  sixty-third 
legislative  Article  of  1912  concerning  exceptional  measures  to  be 
taken  in  case  of  war,  and  in  conformity  with  the  decree  of  the  Royal 
Hungarian  Minister  of  Commerce,  No.  6981-1914, 1  decree  as  follows : 

SECTION  1.  The  provision  of  my  decree  of  December  20,  1916,  No. 
91,621,  according  to  the  terms  of  which  the  terms  for  the  payment 
of  patent  annuities  and  additional  taxes  was  suspended  until  June 
30,  1917,  is  amended  in  the  sense  that  this  suspension  is  extended 
until  December  31,  1917. 

Otherwise  my  decree  above  mentioned  remains  in  force  without 
any  modification. 

SEC.  2.  The  present  decree  shall  become  of  effect  from  the  date  of 
its  publication. 

Budapest,  June  26,  1917. 

(Signed)  ROYAL  HUNGARIAN  MINISTER  OF  COMMERCE. 

(From  33  La  Propriete  Industrielle,  82.) 

[DECREE  OF  16TH  DECEMBER,  1917.] 

The  provisions  of  the  ordinance  of  26th  June,  1917,  No.  46728, 
under  the  terms  of  which  the  periods  of  extension  for  the  payment 
of  patent  taxes  and  additional  taxes  has  been  suspended  until  31st 
December,  1917,  are  modified  in  the  sense  that  the  duration  of  this 
suspension  is  prolonged  until  30th  of  June,  1918. 

For  the  rest  the  ordinance  referred  to  above  remains  in  force 
without  any  modifications. 


ITALY. 

[NOTE. — The  Italian  law  and  regulations  of  January  31,  1864,  extended  the 
Sardinian  law  of  October  30,  1859,  to  the  whole  Kingdom  of  Italy.  Certain 
sections  were  repealed,  and  all  matters  concerning  patents  were  placed  under 
the  direction  of  the  Minister  of  Agriculture,  Industry,  and  Commerce.  The  fol- 
lowing is  the  law  thus  amended,  transitory  provisions  being  omitted.] 

PART  I.— RIGHTS  DERIVED  FROM  INVENTIONS  OR  IN- 
DUSTRIAL DISCOVERIES  AND  TITLES  THERETO. 

CHAPTER  I. 

RIGHTS  OF  INVENTORS. 

ARTICLE  1.  The  author  of  a  new  invention  or  discovery  in  industry 
has  the  exclusive  right  of  working  the  same  and  of  deriving  profit 
therefrom  during  the  time,  within  the  limits,  and  under  the  condi- 
tions prescribed  by  the  present  decree. 

This  exclusive  right  constitutes  an  industrial  privilege. 

ART.  2.  An  invention  or  discovery  is  said  to  belong  to  industry 
whenever  the  immediate  object  is: 

(1)  An  industrial  product  or  result. 

(2)  An  instrument,  machine,  tool,  engine,  or  any  mechanical  ar- 
rangement. 

(3)  A  process  or  method  of  industrial  production. 

(4)  A  motor,  or  the  industrial  application  of  a  force  already 
known. 

(5)  Finally,  the  technical  application  of  a  scientific  principle,  pro- 
vided it  give  immediate  industrial  results. 

In  this  last  case  the  privilege  is  limited  solely  to  those  results  ex- 
pressly pointed  out  by  the  inventor. 

ART.  3.  An  invention  or  industrial  discovery  shall  be  considered  as 
new  when  it  was  not  before  known  or  even  when  the  particulars  neces- 
sary for  putting  it  into  practice  are  unknown,  though  a  general 
notion  of  it  exists. 

ART.  4.  A  new  invention  or  industrial  discovery  already  patented 
abroad,  although  published  by  reason  of  the  foreign  patent,  confers 
on  its  author,  or  on  those  interested  through  him,  the  right  of  obtain- 
ing a  privilege  in  the  State,  provided  the  patent  be  applied  for  be- 
338 


ITALY.  339 

fore  the  expiration  of  the  foreign  privilege,  and  before  the  same  in- 
vention or  discovery  has  been  freely  imported  and  worked  in  the 
Kingdom. 

ART.  5.  Any  modification  of  an  invention  or  discovery  protected  by 
a  patent  still  in  force  gives  the  right  to  a  patent,  without  prejudice 
to  that  which  already  exists  for  the  principal  invention. 

ART.  6.  The  following  do  not  constitute  subjects  for  patents: 

(1)  Inventions  or  discoveries  relating  to  industries  contrary  to 
law,  morals,  or  public  safety. 

(2)  Inventions  or  discoveries  which  have  not  for  object  the  pro- 
duction of  material  objects. 

(3)  Inventions  or  discoveries  of  a  merely  theoretical  nature. 

(4)  Medicines  of  whatever  kind. 

CHAPTER  II. 

PATENTS,   THEIR    FORCE,    DURATION,   AND    FEES. 

ART.  7.  The  legal  title  to  the  exercise  of  an  industrial  privilege  is 
conferred  by  a  patent  delivered  by  the  public  administration. 

The  patent  does  not  guarantee  the  utility  or  reality  of  the  inven- 
tion or  discovery  as  claimed  by  the  applicant,  nor  does  it  prove  the 
existence  of  the  properties  which  the  lawr  requires  in  an  invention 
or  discovery  in  order  that  the  patent  may  be  valid  and  efficacious. 

ART.  8.  A  privilege  for  a  new  article  covers  the  exclusive  right  of 
manufacturing  and  selling  the  said  article. 

A  privilege  for  the  employment  in  any  industry  of  a  chemical 
agent,  process,  method,  instrument,  machine,  tool,  apparatus,  or 
mechanical  arrangement  of  any  kind  which  has  been  invented  or 
discovered,  confers  the  right  of  preventing  others  from  employing  it. 

13 ut  whenever  he  who  enjoys  the  privilege  himself  supplies  to 
others  the  preparations  or  mechanical  means  whose  exclusive  use 
forms  the  subject  of  a  privilege,  it  shall  be  presumed  that  he  at  the 
same  time  gives  the  permission  to  use  them,  provided  there  exists  no 
agreement  to  the  contrary. 

ART.  9.  The  author  of  an  invention  or  discovery  protected  by 
privilege,  and  those  interested  through  him,  may  apply  for  a  patent 
of  addition  for  any  modification  made  by  them  in  the  principal  dis- 
covery or  invention.  This  patent  extends  to  the  modification,  which 
is  its  subject,  the  effects  of  the  principal  privilege  for  the  whole 
period  of  the  duration  of  this  privilege. 

ART*.  10.  Patents  take  effect  with  respect  to  third  parties  from  the 
moment  at  which  the  application  was  lodged. 

The  duration  of  a  patent  shall  not  be  more  than  fifteen  years  nor 
less  than  one  year,  always  reckoning  from  the  last  day  of  one  of  the 


340  ITALY. 

months  of  March,  June,  September,  or  December,  whichever  next 
follows  the  day  whereon  the  patent  is  applied  for,  and  shall  not  com- 
prise any  fraction  of  a  year. 

ART.  11.  The  duration  of  a  patent  for  an  invention  or  discovery 
already  patented  abroad  shall  not  exceed  that  of  the  patent  granted 
for  the  longest  term,  and  in  no  case  shall  exceed  fifteen  years. 

ART.  12.  A  patent  granted  for  less  than  fifteen  years  may  be  pro- 
longed for  one  or  more  years;  the  duration,  however,  of  the  pro- 
longation added  to  the  duration  of  the  original  patent  shall  not 
exceed  fifteen  years. 

ART.  13.  The  prolongation  of  a  patent  includes  all  the  certificates 
of  addition. 

ART.  14.  Patents  which  shall  be  "granted  in  respect  of  applications 
made  after  the  publication  of  this  decree  shall  take  effect  in  the 
whole  territory  of  the  State,  and  be  subject  to  a  proportional  tax, 
payable  at  the  time  of  the  application,  and  to  a  further  annual,  tax. 

The  proportional  tax  shall  consist  of  as  many  times  10  lire  as  the 
years  for  which  the  patent  is  applied  for. 

The  annual  tax  shall  be  40  lire  for  the  first  three  years;  65  lire 
for  the  following  three  years;  90  for  the  seventh,  eighth,  and  ninth 
years;  115  lire  for  the  tenth,  eleventh,  and  twelfth;  and  140  lire  for 
the  remaining  three  years. 

ART.  15.  The  first  annuity  and  the  proportional  tax  are  to  be  paid 
at  the  time  when  the  application  for  a  patent  is  lodged. 

The  other  annuities  are  to  be  paid  in  advance  on  the  first  day  of 
each  year  of  the  duration  of  the  patent,  and  shall  be  subject  to  the 
triennial  increase  even  in  the  case  of  a  prolongation  of  the  patent. 

ART.  16.  The  tax  on  a  certificate  of  addition  shall  consist  of  the 
single  payment  in  advance  of  20  lire  only. 

ART.  17.  For  a  certificate  of  prolongation  there  shall  be  paid  40 
lire,  besides  the  proportional  tax  and  annuities,  of  which  the  first, 
corresponding  to  the  first  year  of  the  prolongation,  shall  be  paid 
when  application  is  lodged,  and  the  others  in  advance,  conformably 
to  Article  15. 

ART.  18.  In  cases  of  patents  of  importation,  whose  term  ends  with 
that  of  the  foreign  patent,  every  fraction  of  a  year  is  to  be  considered 
as  a  whole  year  with  respect  to  the  payment  of  the  tax. 

PART  II— CONDITIONS  AND  PEOCEDUEE  FOE  OBTAIN- 
ING A  PATENT. 

CHAPTER  I. 

APPLICATIONS  AND  THEIR  CONDITIONS. 

ART.  19.  All  matters  concerning  patents  are  placed  under  the  direc- 
tion of  the  Minister  of  Agriculture,  Industry,  and  Commerce. 


ITALY.  341 

ART.  20.  Whoever  desires  to  obtain  the  grant  of  a  patent  must  lodge 
an  application  with  the  Minister  of  Agriculture,  Industry,  and  Com- 
merce through  the  local  prefecture  or  subpref  ecture ;  such  applica- 
tion shall  be  lodged  by  the  inventor  or  by  his  special  attorney,  and 
shall  contain: 

(1)  The  name,  Christian  name,  county,  and  domicile  of  the  ap- 
plicant, and  of  his  attorney,  if  there  be  one. 

(2)  An  indication  of  the  discovery  or  invention  in  the  form  of  a 
title  which  expresses  shortly,  but  with  precision,  its  character  and 
scope. 

(3)  An  indication  of  the  term  which  it  is  desired  shall  be  assigned 
to  the  patent  within  the  limits  fixed  by  the  law. 

One  and  the  same  application  shall  not  have  reference  to  more  than 
one  patent,  nor  to  a  single  patent  for  several  inventions  or  discoveries. 
ART.  21.  The  application  must  be  accompanied  by : 

(1)  The  specification  of  the  invention  or  dis:'over}r. 

(2)  The  drawings,  if  any  can  be  made,  as  well  as  the  models, 
which  the  inventor    may  deem  useful  for  the  comprehension  of  the 
invention  or  discovery. 

(3)  The  receipt  proving  the  payment  into  the  public  treasury  of 
the  tax  corresponding  to  the  patent  applied  for. 

(4)  When  the  application  is  for  a  patent  of  importation,  the 
original  deed,  or  a  legalized  copy  of  the  same,  proving  that  a  for- 
eign patent  has  been  granted. 

(5)  If  there  be  an  attorney,  the  power  in  public  or  private  form, 
provided  that  in  the  latter  case  the  signature  of  the  principal  be 
certified  by  a  notary  public,  or  by  the  syndic  of  his  place  of  resi- 
dence. 

(6)  A  memorandum  of  the  documents  and  articles  lodged. 

ART.  22.  The  specification  mentioned  in  the  foregoing  article 
shall  be  written  in  the  Italian  or  French  language,  and  shall  contain 
a  clear  and  complete  account  of  all  the  details  necessary  for  ena- 
bling a  competent  person  to  put  into  practice  the  invention  or  dis- 
covery described. 

The  application  must  be  accompanied  by  three  copies  of  the  speci- 
fication and  of  each  of  the  drawings,  the  applicant  alone  being  re- 
sponsible for  the  conformity  of  these  copies. 

Whenever  the  description  is  accompanied  by  a  model,  the  appli- 
cant is  not  exempt  from  annexing  to  the  application  one  or  more 
drawings,  in  duplicate,  showing  the  entire  model,  or  at  least  those 
parts  in  which  the  invention  consists. 

ART.  23.  During  the  first  six  months  of  the  term  of  a  patent, 
reckoning  from  the  last  day  of  the  March,  June,  September,  or 
December  next  after  the  application,  the  proprietor  of  the  patent 
may  require  the  same  to  be  reduced  to  one  of  the  parts  of  the  speci- 


342  ITALY. 

fication  annexed  to  the  original  application,  distinctly  pointing  out 
those  parts  he  intends  to  exclude  from  the  patent. 

The  parts  disclaimed  shall  be  considered  as  having  never  been  com- 
prehended in  the  reduced  patent. 

ART.  24.  An  application  for  disclaimer  must  be  accompanied  by : 

(1)  The  receipt  for  the  payment  of  40  lire. 

(2)  Three  identical  copies  of  the  specification  which  it  is  intended 
to  substitute  for  that  already  lodged. 

(3)  Three  copies  of  the  new  drawings  which  it  may  be  required  to 
substitute  for  the  former  drawings. 

ART.  25.  The  certificates  delivered  in  pursuance  of  such  applications 
shall  be  called  certificates  of  reduction,  and  their  duration  shall  be 
that  of  the  patents  which  have  been  reduced. 

ART.  26.  During  the  six  months  mentioned  in  Article  23.  patents  for 
modifications  shall  only  be  granted  to  the  author  of  the  patented 
invention  or  discovery,  or  to  those  interested  through  him.  The 
applications  lodged  by  third  persons  for  such  patents  and  the  accom- 
panjang  documents  shall  be  delivered  in  a  packet  sealed  by  them, 
which  shall  be  deposited  as  hereinafter  stated. 

At  the  expiration  of  the  six  months  mentioned  above,  the  packet 
shall  be  unsealed  and  the  patent  shall  be  delivered,  unless  the  inter- 
ested party  notifies  his  intention  to  withdraw  the  application,  in 
which  case  the  tax  shall  be  returned  to  him. 

The  patent  thus  granted  shall  begin  to  take  effect  relatively  to 
patents  of  addition  from  the  first  day  after  the  expiration  of  the 
period  of  six  months;  but  with  respect  to  persons  not  interested  in 
the  original  patent  and  to  patents  applied  for  by  them,  it  shall  take 
effect  from  the  moment  on  which  the  application  was  lodged. 

ART.  27.  An  application  for  a  patent  of  addition  shall  not  mention 
its  term. 

In  other  respects  the  provisions  of  the  twentieth  and  following 
Articles  shall  be  observed. 

ART.  28.  An  application  for  the  prolongation  of  a  patent  must  be 
accompanied  by : 

(1)  The  deed  proving  that  the  applicant  is  the  owner  of  the  patent 
which  he  seeks  to  prolong. 

(2)  The  receipt  for  the  tax  mentioned  in  the  seventeenth  Article. 

(3)  The  power  of  attorney  and  memorandum  mentioned  in  para- 
graphs 5  and    of  Article  21. 

CHAPTER  II. 

DELIVERY    OF    THE    APPLICATIONS    AND    ACCOMPANYING    DOCUMENTS    AND 

ARTICLES. 

ART.  29.  Applications  of  whatever  kind,  with  the  documents  and 
other  articles  which  may  or  ought  to  accompany  the  same,  shall  be 


ITALY.  343 

delivered,  in  Turin,  at  the  office  appointed  by  the  Minister;  elsewhere, 
at  the  prefectures. 

[NOTE. — By  the  royal  decree  of  23d  October,  1884,  this  office  was  transferred 
to  Rome.] 

ART.  30.  The  official  appointed  to  receive  the  applications  shall 
draw  up  a  report,  in  which  shall  be  entered  the  day  and  hour  of  the 
delivery,  and  which  shall  mention  the  object  of  the  application. 

The  official  report  must  show  the  real  or  elected  domicile  of  the 
applicant  or  his  attorney  in  the  town  where  the  delivery  takes  place, 
otherwise  the  municipality  shall  be  legally  considered  as  the  elected 
domicile. 

ART.  31.  With  regard  to  the  application  mentioned  in  Article  26, 
the  official  report  must  contain  the  statement  of  the  applicant,  that 
he  wishes  to  obtain  in  due  time  a  patent  for  a  modification  as  de- 
scribed in  the  specification  under  sealed  cover,  in  an  original  inven- 
tion or  discovery,  the  title  of  which  shall  be  mentioned  in  the  official 
report. 

ART.  32.  Each  such  official  report  shall  be  recorded  in  a  special 
register  and  be  signed  by  the  applicant  or  his  attorney. 

A  copy  of  it  shall  be  delivered  to  the  applicant  without  charge, 
except  for  the  stamp  on  the  paper  on  which  it  is  written. 

ART.  33.  Within  the  five  days  following,  the  documents  and  all 
articles  left  at  the  secretariates  of  the  prefectures  shall  be  transmitted 
to  the  Ministry  of  Agriculture,  Industry,  and  Commerce. 

At  the  same  time  there  shall  be  sent  an  unstamped  copy  of  the 
official  report. 

ART.  34.  The  official  reports  from  the  provinces  shall  be  copied 
into  the  registers  of  the  Ministry. 

ART.  35.  If  the  legal  formalities  have  been  fulfilled,  the  applica- 
tions shall  be  registered  with  the  date  of  their  presentation  and  the 
patents  applied  for  shall  be  granted. 

ART.  36.  Each  patent  shall  be  recorded  in  a  special  register  and 
the  entry  signed  by  the  chief  of  the  office. 

A  copy,  signed  as  aforesaid,  shall  be  delivered  to  the  interested 
party,  together  with  one  of  the  originals  of  the  drawings,  specifica- 
tion, and  memorandum,  initialed  on  each  sheet  by  the  said  official. 
This  first  copy  of  the  patent  shall  be  delivered  free  of  cost ;  for  every 
other,  which  shall  bear  the  consecutive  number  of  the  delivery,  15 
lire  shall  be  paid. 

ART.  37.  With  regard/ to  inventions  and  discoveries  relating  to  all 
kinds  of  beverages  or  eatables,  the  said  office  shall  transmit  the  speci- 
fication and  whatever  else  may  be  necessary  to  the  Superior  Board  of 
Health,  to  obtain  its  advice  before  delivering  a  patent. 


344  ITALY. 

ART.  38.  If  the  Board  of  Health  advise  that  the  invention  or  discov- 
ery is  injurious  to  health,  or  if  there  be  the  least  doubt  thereon,  the 
application  for  a  patent  shall  be  rejected. 

If  the  advice  be  favorable,  the  following  clause  shall  be  inserted 
in  the  patent  to  be  granted :  "  The  Superior  Board  of  Health  having 
been  consulted." 

A  patent  so  granted  shall  not  exempt  the  person  who  holds  it  and 
who  practices  the  new  invention  from  fulfilling  all  other  provisions 
of  the  sanitary  laws. 

ART.  39.  A  patent  shall  be  refused : 

(1)  If  the  invention  or  discovery  for  which  it  is  requested  belong 
to  one  of  the  four  classes  mentioned  in  Article  6. 

(2)  If  there  be  no  written  application,  or  if,  in  the  application,  the 
title  of  the  invention  or  discovery  be  wanting. 

(3)  If  there  be  no  specification. 

(4)  If  a  patent  be  applied  for  for  different  inventions  or  discov- 
eries, or  if  several  patents  of  the  same  or  of  different  kinds  be  applied 
for  in  the  same  application. 

(5)  If  the  fees  paid  do  not  correspond  with  the  kind  of  patent 
applied  for. 

ART.  40.  The  grant  of  the  patent  shall  be  suspended  in  default  of 
the  fulfillment  of  any  of  the  other  conditions  prescribed  by  this  de- 
cree, or  when  the  specification  does  not  possess  all  the  required 
features. 

ART.  41.  The  refusal  or  suspension,  and  the  reasons  for  the  same, 
shall  be  communicated  to  the  applicant  or  his  attorney  through  one 
of  the  officers  attached  to  the  prefecture  and  by  a  notice  left  at  his 
elected  or  real  domicile,  mentioned  in  the  official  report  of  the  appli- 
cation. 

ART.  42.  Within  fifteen  days  after  such  notice,  the  applicant,  or  his 
attorney,  may  supply  the  deficiencies,  or  appeal  against  the  refusal 
or  suspension. 

The  documents  intended  to  supply  such  deficiencies,  or  the  notice 
of  appeal,  shall  be  left  at  the  secretariate  of  the  prefecture.  An 
official  report. of  the  same  shall  be  drawn  up  and  a  copy  thereof  be 
delivered  to  the  interested  party  on  payment  for  the  stamped  paper 
only  on  which  it  is  drawn  up. 

If  within  the  term  of  fifteen  days  no  documents  have  been  depos- 
ited and  no  appeal  has  been  lodged,  the  application  shall  be  consid- 
ered as  not  having  taken  place,  the  inventor  having  the  right  to  renew 
his  application. 

ART.  43.  The  Minister  shall  entrust  the  examination  of  the  above- 
mentioned  appeals  to  a  commission  composed  of  fifteen  members, 
three  of  whom  shall  belong  to  the  permanent  magistracy  or  to  the 


ITALY.  345 

faculty  of  law  at  the  Royal  University  of  Turin,  and  the  remaining 
twelve  chosen  from — 

(1)  The  members  of  the  section  of  physical  and  mathematical 
sciences  at  the  Royal  Academy  of  Sciences. 

(2)  The  professors  and  doctors  of  the  faculty  of  the  like  sciences 
at  the  Royal  University. 

(3)  The  professors  at  the  technical  schools. 

The  members  of  the  said  commission  shall  be  nominated  every 
year  by  the  Minister. 

The  commission  shall  be  divided  into  three  sections  (mechanics, 
physics,  and  chemistry),  each  of  which  shall  be  composed  of  one 
legal  member  and  four  other  technical  members. 

Each  appeal  shall  be  heard  by  that  section  which  corresponds  Avith 
the  nature  of  the  patent  applied  for. 

If  the  verdict  of  the  section  be  not  arrived  at  unanimously,  it  shall 
be  revised  by  the  whole  commission. 

If  it  relate  to  an  invention  deemed  contrary  to  law,  morals,  or 
public  safety,  the  public  prosecutor  shall  be  coi^ilted,  and  his  opin- 
ion shall  be  communicated  to  the  commission  charged  with  the  ex- 
amination of  the  appeal. 

ART.  44.  An  appeal  shall  be  considered  as  not  having  been  made 
unless  it  be  accompanied  by  the  deposit  of  50  lire. 

ART.  45.  If  the  verdict  mentioned  in  Article  43  be  in  favor  of  the 
appellant,  the  appointed  official  shall  deliver  the  patent  arid  return 
the  deposit  mentioned  in  the  foregoing  article. 

In  the  contrary  case  the  patent  shall  be  definitely  refused,  and  the 
deposit  shall  be  paid  into  the  treasury. 

PART  III.— ASSIGNMENTS  OF  PATENTS. 

ART.  46.  Every  deed  of  transfer  of  a  patent  must  be  registered  at 
the  Ministry  and  published  in  the  Official  Gazette  of  the  Kingdom 
at  the  expense  of  the  applicant. 

The  transfer  shall  take  effect  with  respect  to  third  parties  only 
from  the  date  of  registration. 

ART.  47.  To  effect  this  registration,  the  person  in  whose  favor  the 
assignment  has  been  made  must  produce,  or  cause  to  be  produced,  the 
deed  of  transfer  and-  two  memoranda  on  stamped  paper,  containing : 

(1)  His  name,  Christian  name,  and  domicile,  and  also  those  of  the 
person  who  assigns  to  him  the  rights  mentioned  in  the  deed. 

(2)  The  date  and  nature  of  the  deed  presented  and  the  name  of 
the  notary  who  accepted  it,  in  case  of  its  being  a  public  act. 

(3)  The  date  of  registry,  if  any. 

(4)  An  exact  statement  of  the  rights  assigned. 


346  ITALY. 

(5)  The  date  of  delivery  of  these  memoranda,  which  shall  be  that 
of  the  registration. 

ART.  48.  Such  deliveries  may  be  made  either  at  the  secretariate  of 
one  of  the  prefectures  or  at  the  appointed  office. 

In  either  case  the  deed  shall  be  returned  to  its  owner  after  having 
been  noted  for  registration  and  signed  by  the  secretary  or  head  of 
the  appointed  office. 

At  the  secretariate  of  the  prefecture,  where  delivery  takes  place, 
there  shall  be  transcribed  in  a  special  register  the  contents  of  the 
memoranda  prescribed  by  the  preceding  article,  and  one  memoran- 
dum shall  be  retained  and  the  other  shall  be  transmitted  immediately 
to  the  office  mentioned  above. 

At  this  office  all  the  memoranda,  whether  received  directly  or  trans- 
mitted from  the  prefectures,  shall  be  recorded  and  kept. 

ART.  49.  If  the  rights  derived  from  a  patent  be  assigned  as  a  whole 
to  a  single  person,  he  is  obliged  to  pay  the  tax ;  if  to  several  persons 
collectively,  they  are  conjointly  bound  to  make  the  payment;  if  they 
be  partially  assigndi  to  several  persons,  or  be  alienated  in  part,  the 
deed  of  assignment  can  not  be  registered  unless  it  be  accompanied  by 
a  receipt  proving  the  payment  into  the  public  treasury  of  a  sum 
equal  to  the  remaining  annual  taxes. 

PART  IV.— PRESERVATION  AND  PUBLICATION  OF  DOC- 
UMENTS RELATING  TO  PATENTS. 

ART.  50.  The  registers  in  which  are  recorded  the  patents  issued 
and  all  their  progressive  stages  are  noted,  and  also  the  annulments, 
declaration  of  nullity,  and  expirations  of  the  said  patents,  and  those 
in  which  are  registered  assignments  of  the  rights  derived  therefrom 
are  public  registers. 

ART.  51.  Whoever  requires  an  extract  therefrom  shall  make  an 
application  to  the  Minister  on  stamped  paper,  and  the  extract  shall 
be  furnished  without  any  charge  on  stamped  paper  supplied  %  the 
applicant.  The  application  for  and  the  delivery  of  the  extracts  shall 
be  made  through  the  local  administrative  authority. 

[NOTE. — The  alterations  in  italics  were  made  by  the  law  of  Aug.  4,  1894.] 

ART.  52.  A  copy  of  the  specification  and  drawings  shall  be  depos- 
ited at  the  appointed  office,  but  no  person  shall  be  allowed  to  inspect 
them  within  the  three  months  after  the  delivery  of  the  patent. 

The  models  and  another  copy  of  the  specification  and  drawings 
shall  be  kept  in  a  room  set  apart  for  this  purpose  by  the  Government, 
and  shall  there  be  open  to  the  public  after  three  months  from  the 
grant  of  the'  patent. 

Any  person  may,  after  the  said  period  of  three  months,  inspect  the 
specification,  drawings,  and  models  and  make  at  his  own  expense  one 


ITALY.  347 

or  several  copies  in  the  manner  and  under  the  conditions  which  shall 
be  fixed  by  the  rules. 

ART.  53.  Every  month  there  shall  be  published  in  the  Official  Ga- 
zette a  list  arranged  according  to  subject  matter  of  the  patents  issued 
during  the  preceding  month  with  a  statement  of  the  object  of  the 
privilege. 

[NOTE. — The  alterations  in  italics  were  made  by  the  law  of  Aug.  4,  1894.] 
ART.  54.  The  administration  may  cause  to  be  published,  after  the 
lapse  of  three  months  referred  to  in  Article  52,  a  short -description  of 
the  inventions,  indicating  their  principal  character'istics,  and  also 
analytical  and  alphabetical  indexes  to  facilitate  the  researches  of 
inventors. 

[NOTE. — This  substitution  was  made  by  the  law  of  Aug.  4,  1894.] 
ART.  55.  An  extract  from  these  lists  indicating  the  object  of  the 
patent  shall  be  transmitted  to  each  prefecture  in  the  Kingdom  and 
to  each  chamber  of  commerce,  at  the  secretarial  office  of  which  any- 
one may  consult  it. 

[NOTE. — This  substitution  was  made  by  the  law  of  Aug.  4,  1894.] 

PAET  V.— NULLITY  AND  ANNULMENT  OF  PATENTS. 

CHAPTER  I. 

CAUSES   OF   NULLITY  AND   ANNULMENT. 

ART.  56.  The  preliminary  examinations  and  adjudications  do  not 
preclude  the  nullity  of  a  patent. 
ART.  57.  A  patent  is  null — 

(1)  If  it  refer  to  inventions  or  discoveries  comprised  in  Article  6. 

(2)  If  a  privilege  relating  to  one  of  the  inventions  or  discoveries 
mentioned  in  Article  37  have  by  mistake  been  delivered  against  the 
advice  of  the  sanitary  authority. 

If  granted  in  error  without  consulting  the  aforesaid  authority, 
the  patent  shall  become  void  when  the  advice  on  being  taken  is 
adverse. 

(3)  If  through  the  fraud  of  the  person  who  obtains  the  patent, 
the  title  or  name  of  the  invention  or  discovery  do  not  correspond  to 
its  real  object. 

(4)  If  the  specification  annexed  to  the  application  for  the  patent 
be  insufficient,  or  conceal  or  omit  any  of  the  description  necessary 
for  putting  into  practice  the  invention  or  discovery  protected  by 
patent. 

(5)  If  the  invention  or  discovery  be  not  new,  or  do  not  relate  to 
industry. 


348  ITALY. 

(6)  If  a  patent  be  granted  to  a  third  party  for  a  modification  of 
an  invention  within  the  six  months  allowed  to  the  inventor,  and  per- 
sons interested  through  him. 

(7)  A  patent  of  addition  is  also  null  when  the  modification  for 
which  it  was  granted  is  not  connected  with  the  principal  invention. 

(8)  And  lastly,  a  prolongation  is  null  if  it  have  been  applied  for 
after  the  expiration  of  the  term  of  the  patent,  or  after  its  absolute 
annulment  has  been  pronounced. 

ART.  58.  A  patent  ceases  to  be  valid — 

(1)  If  in  a  single  instance  the  annual  tax  for  the  ensuing  year 
be  not  paid  within  three  months  from  the  day  on  which  it  falls  due. 

(2)  If  in  the  case  of  a  patent  granted  for  five  years  or  less  the 
invention  or  discovery  in  question  have  not  been  worked  within  the 
year  following  the  grant  of  the  same,  or  the  working  have  been  sus- 
pended during  a  whole  year. 

(3)  If  it  have  not  been  worked  or  have  been  discontinued  for 
two  years  in  the  case  of  a  patent  granted  for  more  than  five  years. 
In  either  case  annulment  shall  not  ensue  if  the  inaction  arose  from 
causes  beyond  the  control  of  the  owner  or  owners  of  the  patent. 
The  want  of  pecuniary  means  is  not  included  in  these  causes. 

CHAPTER  II. 

ACTIONS  FOR  NULLITY  AND  ANNULMENT. 

ART.  59..  Actions  to  obtain  a  declaration  that  a  patent  is  null  or 
annulled  shall  be  brought  before  the  provincial  tribunals. 

The  cause  shall  be  proceeded  with  and  decided  by  summary  pro- 
cedure. 

The  documents  shall  be  communicated  to  the  public  minister. 

ART.  60.  If  at  the  instance  and  in  the  interest  of  private  persons 
the  partial  nullity  or  annulment  of  any  patent  have  been  twice  pro- 
nounced, the  public  minister  of  the  place,  or  one  of  the  places  where 
the  patented  invention  or  discovery  is  worked,  may  directly  demand 
that  the  patent  be  annulled  or  declared  null  in  an  absolute  and 
peremptory,  manner. 

The  same  can  be  done  without  waiting  for  any  civil  action  to  be 
brought  in  cases  provided  for  by  paragraphs  1,  2,  3,  and  8  of  Articles 
57  and  58. 

In  the  two  annulments  mentioned  in  the  first  clause  of  this  Article 
there  shall  not  be  reckoned  any  that  apply  to  those  parts  of  the  in- 
vention or  discovery  which  have  been  subsequently  cut  out  by  an 
application  for  disclaimer  within  the  term  of  six  months  accorded 
by  the-  present  law  for  such  a  purpose. 


ITALY.  349 

ART.  61.  In  each  of  the  two  preceding  cases  all  persons  are  to  be 
summoned  in  the  action  who  have  a  legal  interest  in  the  exercise  of 
the  privilege  and  whose  names  appear  in  the  registers  of  the  central 
office. 

ART.  62.  Except  in  the  ease  mentioned  in  paragraph  8  of  Article  57, 
the  court,  before  pronouncing  the  nullity,  must,  on  the  demand  of  one 
of  the  parties,  take  the  advice  of  three  experts ;  and  in  case  of  appeal 
the  revision  of  such  an  opinion  must  be  ordered  on  the  same  hypoth- 
esis that  one  of  the  parties  requests  it. 

In  all  cases,  however,  the  tribunal  or  court  of  appeal  may  officially 
order  an  examination  or  the  revision  of  an  examination. 

ART.  63.  The  public  minister  shall  transmit  to  the  Minister  of  Agri- 
culture, Industry,  and  Commerce,  through  the  Minister  of  Justice,  an 
extract  on  unstamped  paper  of  judgments  declaring  nullity  or  pro- 
nouncing absolute  annulment.  The  operative  part  of  these  judg- 
ments shall  be  entered  in  a  special  register  and  be  published  in  the 
Official  Gazette. 

PAKT  VI. 

INFRINGEMENT    OF    PATENT    RIGHTS    AND    ACTIONS    DERIVED    THEREFROM. 

ART.  64.  Whoever  fraudulently  and  in  contravention  of  a  patent 
manufactures  products,  uses  a  machine  or  any  other  industrial  means 
or  expedients,  or  trades  in,  sells,  exposes  for  sale,  or  imports  into  the 
State  infringing  articles  commits  an  offense,  punishable  with  a  fine 
not  exceeding  500  lire. 

ART.  65.  Both  in  the  case  in  which  a  civil  action  is  carried  on  con- 
jointly with  a  penal  action,  and  where  it  is  carried  on  separately, 
the  machines  and  other  industrial  means  used  in  infringement  of 
the  patent,  the  infringing  articles,  and  the  instruments  intended  for 
their  production  shall  be  taken  from  the  infringer  and  given  over 
to  the  owner  of  the  patent. 

The  same  action  shall  be  taken  against  dealers,  traders,  sellers,  or 
importers  of  infringing 'articles. 

ART.  66.  The  injured  party  shall,  moreover,  have  the  right  to  re- 
cover damages,  and  if  the  owner  of  the  articles  mentioned  in  the 
preceding  article  acted  without  fraud  or  deceit  he  shall  only  be  sub- 
ject to  the  loss  of  the  articles  mentioned  to  the  profit  of  the  injured 
party. 

ART.  67.  Civil  actions  shall  be  carried  on  in  the  form  for  summary 
proceedings. 

Correctional  actions  against  the  offenses  mentioned  in  Article  64 
may  only  be  instituted  on  the  complaint  of  the  injured  party. 


350  ITALY. 

ART.  68.  The  president  of  the  provincial  tribunal  may,  on  the  de- 
mand of  the  owner  of  a  patent,  order  the  seizure  or  inventory  of  the 
articles  supposed  to  be  infringements,  or  used  in  contravention  of  the 
patent,  provided  they  be  not  destined  for  mere  personal  use. 

By  the  same  order  the  president  shall  delegate  an  officer  to  execute 
it,  and  may  nominate  one  or  more  experts  for  the  description  of  the 
articles. 

He,  moreover,  shall  cause  the  plaintiff  to  give  security  before  pro- 
ceeding to  seizure. 

ART.  69.  The  plaintiff  may,  if  authorized  by  the  president  of  the 
tribunal,  be  present  at  the  seizure  or  at  the  drawing  up  of  the  in- 
ventory; in  all  cases  he  may  substitute  an  inventory  for  the  seizure 
on  condition  that  he  expresses  his  wish  to  that  effect,  either  in  the 
official  report  for  the  seizure  or  in  a  separate  document,  notified 
through  a  public  officer  both  to  the  party  against  whom  he  is  pro- 
ceeding and  to  the  executive  officer. 

ART.  70.  A  copy  of  the  order  of  the  president,  of  the  deed  proving 
the  deposit  of  the  security,  and  of  the  official  report  of  the  seizure 
or  inventory,  shall  be  left  with  the  holder  of  the  articles  seized  or 
inventoried. 

ART.  71.  The  seizure  or  inventory  shall  be  null  and  void,  unless, 
within  eight  days  following,  it  be  followed  by  judicial  action,  and 
the  party  against  whom  the  proceeding  for  seizure  or  inventory  was 
brought  shall  be  entitled  to  damages. 


LAW  or  THE  12TH  OF  DECEMBER,  1901. 

ARTICLE  1.  The  supplementary  Act  signed  at  Brussels  on  the  14th 
of  December,  1900,  by  Italy  and  various  other  States  modifying  the 
Convention  for  the  Protection  of  Industrial  Property,  signed  at  Paris 
on  the  20th  day  of  March,  1883,  and  the  annexed  Protocol  agreed  to 
on  its  signature,  are  approved. 

The  Government  of  the  King  is  authorized  to  ratify  the  same  in 
the  manner  and  within  the  term  prescribed  by  Article  3  of  the 
said  Act. 

ART.  2.  The  supplementary  Act  signed  at  Brussels  on  the  14th  of 
December,  1900,  by  Italy  and  various  other  States  modifying  the 
special  convention  (Arrangement)  concerning  the  international  reg- 
istration of  manufacturing  and  commercial  marks  signed  at  Madrid 
on  the  14th  of  April,  1891,  is  approved  and  the  annexed  Protocol  is 
suppressed. 

The  Government  of  the  King  is  authorized  to  ratify  the  same  in 
the  manner  and  within  the  term  prescribed  by  Article  3  of  the 
said  Act. 


ITALY.  351 

ITALY— WAR    LEGISLATION. 

PATENTS — WAR  MEASURE — ROYAL  DECREE  OF  SEPTEMBER  24,   1914, 

No.  1034. 

[Translation.] 

Royal  decree  to  be  converted  into  a  law  concerning  an  extension  of 
the  terms  established  by  the  law  of  October  30,  1859,  No.  3731,  con- 
cerning patents.  (Sept.  24,  1914,  No.  1034.) 

Vittorio  Emanuale  III,  by  the  grace  of  God  and  the  will  of  the 
Italian  nation,  King  of  Italy,  in  view  of  the  law  of  October  30,  1859, 
No.  3731,  concerning  industrial  patents,  having  considered  the  incon- 
veniences brought  about  by  the  present  international  conditions,  and 
with  the  intention  of  making  possible  to  owners  of  industrial  patents 
residing  abroad  the  keeping  valid  of  their  certificates  of  patent,  hav- 
ing heard  the  Council  of  Ministers,  on  the  proposal  of  the  Ministers 
of  Agriculture,  Industry,  and  Commerce,  and  of  the  Treasury,  wo 
have  decreed  and  do  decree : 

ARTICLE  1.  The  terms  for  applying  for  the  prolongation  of  indus- 
trial patents,  whose  duration  expires  September  30,  1914,  belonging 
to  persons  residing  abroad,  and  for  the  corresponding  payment  of 
taxes,  are  extended  until  December  31,  1914. 

ART.  2.  Certificates  of  industrial  patents  falling  due  in  June  and  in 
force  on  September  30,  1914,  that  belong  to  persons  resident  abroad, 
shall  not  incur  the  annulment  threatened  in  Article  58  of  the  law  of 
October  30,  1859,  No.  3731,  provided  that  the  conditions  established 
by  law  for  maintaining  their  validity  are  performed  no  later  than 
December  31,  1914. 

ART.  3.  The  terms  for  responding  to  notices  of  suspension  and  re- 
fusal of  certificates  of  industrial  patents  applied  for  by  persons  resi- 
dent abroad  and  notified  on  July  15  and  December  15,  1914,  are  like- 
wise extended  until  December  31,  1914. 

The  present  decree  shall  be  presented  to  Parliament  in  order  to  be 
converted  into  a  law. 

We  order  that  the  present  decree,  bearing  the  seal  of  the  State,  be 
inserted  in  the  official  minutes  of  the  laws  and  decrees  of  the  King- 
dom of  Italy,  requiring  those  concerned  to  observe  it  and  cause  it  to- 
be  observed. 

Given  at  Rome,  September  24,  1914. 

(Signed)  VITTORIO  EMANUALE. 

A.  SALANDRA. 
G.  RUBINI. 
G.  CAVASOLA. 

Vised,  The  Chancellor : 
DARI. 

(From  13  Bollettino  delta  proprieta  intellettuale,  205.) 
93169—19 -23 


352  ITALY. 

PATENTS  —  FOREIGNERS  —  WAR  MEASURES  —  MORATORIUM  EXTENDED 
TO  JUNE  30,  1915 — EOYAL  DECREE  OF  JANUARY  3,  1915. 

[Translation.] 

Royal  decree  for  the  extension  until  June  30,  1915,  of  the  terms 
relative  to  industrial  property  belonging  to  persons  residing  abroad. 
(Jan.  3,  1915,  No.  3.)1 

Vittorio  Emanuale,  by  the  grace  of  God  and  the  will  of  the  nation, 
King  of  Italy,  in  view  of  the  law  of  October  30,  1859,  No.  3731, 
concerning  industrial  patents;  in  view  of  the  royal  decree  of  Sep- 
tember 24,  1914,  No.  1034 ;  the  need  being  evident  for  prolonging  the 
terms  provided  in  said  decree  to  render  possible  to  owners  of  indus- 
trial patents  residing  abroad  the  preservation  of  their  certificates 
of  patent,  for  avoiding  the  difficulties  brought  about  by  present 
international  conditions;  the  Council  of  Ministers  being  heard,  at  the 
instance  of  the  Ministers  of  Agriculture,  Industry,  and  Commerce, 
and  of  the  Treasury,  with  the  approval  of  the  President  of  the 
Council  of  Ministers,  the  Minister  of  the  Interior,  we  have  decreed 
and  do  decree: 

ARTICLE  1.  All  the  terms  extended  up  to  December  31,  1914,  by  the 
royal  decree  of  September  24,  .1914,  No.  1034,  are  furthermore  ex- 
tended to  June  30,  1915. 

ART.  2,  The  terms  that  expired  prior  to  such  date  for  the  ful- 
filling of  the  conditions  provided  by  law  for  prolonging  the  duration 
or  for  not  incurring  the  nullification  of  patents  in  force  on  Decem- 
ber 31,  1914,  and  belonging  to  persons  residing  abroad,  are  also  ex- 
tended. 

ART.  3.  The  present  decree  shall  be  presented  to  Parliament  to  be 
converted  into  a  law. 

We  order  that  the  present  decree,  under  seal  of  the  State,  be  in- 
serted in  the  official  collection  of  laws  an4  decrees  of  the  Kingdom 
of  Italy,  commanding  whoever  be  concerned  to  observe  it  and  cause 
it  to  be  observed. 

Given  at  Rome  on  the  3d  day  of  January,  1915. 

(Signed)  VITTORIO  EMANUALE. 

t<  SALANDRA. 
CAVASOLA. 
CARCANO. 

PATENTS^ — EXPROPRIATION   FOR  MILITARY  PURPOSES — DECREE  OF 
JANUARY  28,  1915. 

[Translation.] 

Decree  concerning  the  expropriation  of  patents  of  invention. 
Vittore  Emanuale  III,  by  the  grace  of  God  and  the  will  of  the  Na- 
tion, King  of  Italy,  in  view  of  the  law  of  October  30,  1859,  No.  3731, 

*  Published  in  the  Gazzetta  ufflcfal  del  Regno  of  Jan.  12,  1915. 


v  ITALY.  353 

concerning  patents  of  invention ;  in  view  of  the  law  of  June  25,  1865, 
No.  2356,  concerning  expropriations  for  the  sake  of  public  utility; 
considering  the  necessity  that  there  is  for  regulating  the  expropria- 
tion of  patents  in  the  interest  of  the  defense  of  the  State,  the  Council 
of  Ministers  being  heard,  on  the  proposition  of  the  Ministers  of  Agri- 
culture, of  Industry  and  of  Commerce,  in  accord  with  the  President 
of  the  Council  of  Ministers,  Minister  of  the  Interior,  and  the  Min- 
isters of  the  Treasury,  War,  and  Navy,  we  have  decreed  and  do  decree : 

SINGLE   ARTICLE. 

The  State  may,  in  the  interest  of  the  national  defense  and  solely 
for  its  military  use,  expropriate  a  patent  in  whole  or  in  part,  or  make 
use  of  an  invention  without  the  consent  of  the  patentee,  by  virtue  of 
a  royal  decree  issued  at  the  suggestion  of  the  competent  minister,  in 
accord  with  the  Minister  of  the  Treasury,  and  after  hearing  by  the 
Council  of  Ministers.  The  person  deprived,  or  whose  invention  the 
State  utilizes,  may  claim  an  indemnification  that,  in  default  of  under- 
standing between  the  parties,  shall  be  fixed  by  one  or  three  experts 
designated  by  the  First  President  of  the  Court  of  Appeals  of  Rome. 

No  recourse,  either  judicially  or  in  an  administrative  way,  may  be 
made  against  said  decree. 

When  it  shall  be  a  matter  of  an  invention  of  interest  for  the  de- 
fense of  the.  State,  the  specification  and  the  designs  belonging  thereto 
may  be  sent,  even  before  the  delivery  of  the  patent,  to  the  competent 
minister,  who  may  require  that  publication  or  notice  relating  thereto 
be  delayed  for  an  undetermined  period. 

The  present  decree  shall  be  presented  to  Parliament  in  order  to  be 
converted  into  a  law. 

We  order  that  the  present  decree,  under  seal  of  the  State,  be  inserted 
in  the  Official  Collection  of  Laws  and  Decrees  of  the  Kingdom  of 
Italy,  enjoining  those  responsible  to  observe  it  and  cause  it  to  be 
observed. 

Given  at  Rome,  January  28,  1915. 

,    (Signed)  VITTORE  EMANUALE. 

ZUPELLI. 

Viseed  the. chancellor: 
ORLANDO. 

(From  La  Propriete  Industrielle,  March,  1915.) 


INDUSTRIAL  PROPERTY — WAR  MEASURES — TEMPORARY  DECREE  OF  JUNE 

20,.  1915. 

[Translation.] 

Temporary  decree  concerning  the  terms  for  payments  relative  to 
industrial   property   and   for  the   acts   necessary   for  maintaining 


354  ITALY. 

patents  in  force,  as  well  as  other  transitory  provisions  for  the  presei 
vation  of  industrial  property.  (June  20,  1915,  No.  962,1) 

Tomaso  di  Savoia  Duca  di  Genova,  Lieutenant  General  of  His  Ma 
esty,  Vittorio  Emanuele  III,  by  the  Grace  of  God  and  will  of  th 
Nation,  King  of  Italy,  by  virtue  of  the  authority  delegated  to  us,  i 
view  of  the  law  of  May  22,  1905,  No.  671,  concerning  the  delegatio 
of  extraordinary  powers  to  the  Government  in  case  of  war  and  dui 
ing  war;  in  view  of  the  laws  of  October  30, 1859,  No.  3731,  concernin 
industrial  patents,  August  30,  1868,  No.  4577,  concerning  distinctly 
marks  and  signs  of  manufacture  and  of  commerce,  and  August  3( 
1868,  No.  4578,  concerning  manufacturers'  designs  and  models,  o 
the  proposal  of  the  Minister  Secretary  of  State  for  Agriculture,  Ir 
dustry,  and  Commerce,  in  concert  with  the  Minister  of  the  Treasur 
we  have  decreed  and  do  decree : 

ARTICLE  1.  Soldiers  in  active  service,  those  employed  with  th 
army  and  the  navy,  and  persons  that  find  themselves  by  reason  c 
service  connected  with  the  army  and  the  navy,  may  defer  the  paj 
ment  of  fees  for  applications  for  patents  of  industrial  inventions  an 
for  manufacturers'  models  and  designs,  and  for  the  registry  of  mart 
of  manufacture  and  commerce  until  the  sixtieth  day  following  that  o 
the  publication  of  peace.  Applications  presented  by  said  persons 
when  they  are  not  accompanied  by  the  receipt  for  the  fee,  shall  b 
held  in  suspense  until  the  term  indicated. 

ART.  2.  The  persons  indicated  in  the  preceding  article  may  defe 
the  payment  of  the  taxes  and  the  performance  of  the  acts  prescribe 
by  law  for  the  maintenance  in  force  of  industrial  patents,  and  appl 
for  the  prolongation  thereof  until  the  last  day  of  the  quarter  succeed 
ing  that  wherein  peace  shall  be  published,  if  the  terms  for  said  act 
or  payments  were  riot  yet  expired  at  the  moment  of  the  declaratio: 
of  war.  Native  holders  of  certificates  of  patent  that  are  prevente< 
by  circumstances  du#  to  the  state  of  war  from  effecting  the  paymen 
and  from  fulfilling  the  necessary  procedure  are  entitled  to  the  sam 
advantages,  within  the  terms  of  the  prescribed  law,  in  order  to  main 
tain  in  force  and  prolong  their  patents. 

ART.  3.  The  provisions  of  the  preceding  article  shall  be  applie< 
also  to  foreign  owners  of  industrial  patents,  subjects  of  States  tha 
guarantee  equal  advantages  to  Italian  owners  of  patents.  The  exis 
tence  of  reciprocal  treatment  shall  be  acknowledged  by  decree  of  th 
Minister  of  Agriculture,  Industry,  and  Commerce. 

ART.  4.  The  publication  of  the  list  of  patents  for  which  the  fe< 
due  was  not  paid  in  the  required  time,  according  to  Article  43  of  th 
regulation  approved  by  royal  decree.  October  2,  1913,  No.  1237.  i 
guspended,  to  commence  with  that  having  to  do  with  patents  fo: 

1  See  12  P.  &  T.  M.  Rev.,  175. 


ITALY.  355 

which  the  last  term  of  payment  falls  due  the  30th  of  June,  1915, 
until  that  concerning  payments  effected  at  the  end  of  the  quarter  fol- 
lowing that  wherein  peace  shall  be  published. 

Certificates  of  prolongation  applied  for,  following  the  expiry  of 
the  term  of  the  patent  of  persons  that  show  that  they  are  in  the  cir- 
cumstances provided  by  Articles  2  and  3,  shall  be  granted,  if  the  said 
term  had  not  expired  at  the  moment  of  the  declaration  of  war. 

ART.  5.  The  grant  of  certificates  of  industrial  patents,  the  regis- 
tration of  manufacturers'  models  and  designs,  the  deposit  of  distinc- 
tive marks  and  signs  of  manufacture,  and  the  registration  of  assign- 
ments of  patents  and  of  marks  in  favor  of  foreigners  belonging  to 
States  that  are  found  in  state  of  war  with  Italy,  are  suspended  until 
after  the  publication  of  peace. 

ART.  6.  The  present  decree  shall  be  effective  from  its  date. 

We  order  that  the  present  decree,  under  seal  of  the  State,  be  in- 
serted in  the  official  collection  of  the  laws  and  decrees  of  the  King- 
dom of  Italy,  commanding  those  concerned  to  observe  it  and  cause  it 
to  be  observed. 

Given  at  Rome  on  the  20th  day  of  June,  1915. 

(Signed)  TOMASO  Di  SALVOIA, 

SALANDRA, 
CAVASOLA, 
CARCANO. 

(From  14  Bollettino  della  Proprietd  Intellettuale,  Facs.  7-8.) 


INDUSTRIAL  PROPERTY — WAR  MEASURES — RECIPROCAL  BENEFITS  TO 
BRITISH  AND  FRENCH  SUBJECTS — DECREE  or  SEPTEMBER  25,  1915. 

[Translation.] 

[Ministerial  decree  recognizing  the  applicability  to  French  subjects,  English  subjects, 
and  their  like,  of  the  provisions  approved  by  the  temporary  royal  decree  of  June  20, 
1915,  No.  962,  concerning  the  extension  of  terms  in  industrial  property  matters.] 

The  Ministry  of  Agriculture,  Industry,  and  Commerce,  in  view 
of  the  temporary  decree  of  June  20,  1915,  No.  962,  concerning  the 
extension  of  terms  in  industrial  property  matters;  in  view  of  the 
communications  of  date  August  27,  1915,  of  the  English  Govern- 
ment, and  of  August  31,  of  the  Government  of  the  French  Republic ; 
having  seen  that  the  conditions  required  by  Article  3  of  the  temporary 
decree,  for  extending  to  owners  of  patents  that  belong  to  foreign 
States  the  benefits  therein  provided,  are  satisfied  as  regards  Great 
Britain  and  France,  on  the  proposition  of  the  inspector  general  of 
industry,  decrees : 


356  ITALY. 

The  benefits  provided  in  Article  2  of  the  temporary  decree  of  June 
20,  1915,  No.  962,  concerning  the  extension  of  the  terms  for  the  pay- 
ment of  taxes  and  for  the  fulfillment  of  acts  prescribed  for  the  pur- 
pose of  maintaining  in  force  industrial  patents  or* requesting  their 
prolongation,  are  applicable  to  English  subjects,  French  subjects,  and 
to  their  like. 

The  present  decree  shall  be  published  in  the  Gazetta  ufficiale  of 
the  Kingdom,  along  with  the  communications  concerning  applica- 
tions of  the  English  and  French  Governments. 

Rome,  September  25,  1915. 

(Signed)  CAVASOLA, 

The  Minister. 

(From  15  Bollettino  delta  Proprieta  Intellettuale,  Fasc.  15  and  16, 
p.  205.) 


PATENTS — SECRET     PATENTS — FOREIGN     HOLDERS — PRACTICE — "  WAR 
MEASURES  " — MINISTERIAL  CIRCULAR,  OF  JUNE  12,  1916. 

[Translation.] 

Inquiry  having  been  made  by  divers  parties  to  the  Ministry  as  to 
whether  it  is  possible  to  secure  an  extension  until  the  end  of  the 
war  for  the  publication  of  the  specifications  and  drawings  cited  in 
applications  for  patents,  of  those  inventions  for  which  the  authori- 
ties of  friendly  or  allied  States  have  permitted  the  deposit  in  Italy, 
on  condition  that  this  deposit  should  not  jeopardize  the  secret  of  the 
Invention,  I  beg  leave  to  inform  those  interested  that  this  Ministry, 
whenever  it  receives  such  applications,  accompanied  by  a  declaration 
of  the  patent  office  of  the  friendly  or  allied  State,  by  virtue  of  which 
it  appears  that  their  deposit  in  Italy  is  subordinated  to  the  condition 
of  secrecy,  it  will  act  in  conformity  with  the  provisions  of  the  Royal 
Decree  of  January  28,  1915,  No.  49,  to  the  end  that  the  same  inven- 
tion be  not  disclosed,  until  the  end  of  the  war,  in  any  communica- 
tion to  third  parties,  and  will  also  suspend,  whenever  requested,  the 
delivery  of  the  deed. 

The  declaration  of  the  foreign  patent  office  may  be  informal,  like 
that  that  has  to  accompany  the  documents  requesting  priority,  and 
its  translation  is  not  required. 

I  request  acknowledgment  of  the  receipt  of  this  and  the  assurance 
that  its  contents  will  be  communicated  to  the  knowledge  of  those 
interested. 

( Signed )  COTTAFAVI, 

For  the  Minister. 

(From  15  Bollettino  delta  Proprieta  Intellettuale,  Fasc.  9-12,  p.  67.) 


ITALY.  357 

PATENTS — OF  UTILITY  TO  RAILWAY  SERVICE — OPTIONAL  EXPROPRIA- 
TION BY  STATE — "  WAR  MEASURES  " — PROVISIONAL  DECREE  OF 
MARCH  19,  1916. 

[Translation.] 

Provisional  decree  of  March  19,  1916,  No.  500,  by  virtue  of  which 
the  administration  of  railways  of  the  State  is  authorized  in  the 
interest  of  the  public  service  to  expropriate  in  whole  or  in  part  the 
rights  to  patents.  (Gazetta  uffrcMe,  May  9,  1916,  Xo.  109.) 

Tomaso  di  Savoia,  Duca  di  Genova,  Lieutenant  General  of  His 
Majesty,  Vittorio  Emanuale  III,  by  the  grace  of  God  and  will  of 
the  nation  King  of  Italy,  by  virtue  of  the  authority  to  us  delegated, 
in  view  of  the  law  of  October  30,  1859,  No.  3731,  concerning  patents; 
in  view  of  the  law  of  June  25,  1865,  No.  2356,  concerning  expropria- 
tions for  reasons  of  public  utility;  in  view  of  the  royal  decree 
of  January  28,  1915,  No.  49,  which  concedes  to  the  State,  in  the 
interest  of  national  defense  and  only  for  military  use,  the  right  of 
expropriation  in  whole  or  in  part  of  patent  rights,  having  con- 
sidered the  need  of  regulating  the  expropriation  of  patent  rights  to 
the  end  of  assuring  the  continuity  of  the  railway  service  of  the 
State,  having  heard  the  Council  of  Ministers,  on  the  motion  of  the 
Minister  of  Agriculture,  Industry,  and  Commerce,  in  agreement  with 
the  Minister  of  Public  Industry,  we  have  decreed  and  do  decree : 

ARTICLE  1.  The  administration  of  railways  of  the  State  may  in  the 
interest  of  public  service  expropriate  in  whole  or  in  part  the  rights 
to  industrial  patents,  or  avail  itself  of  inventions  without  the  con- 
sent of  the  patentee,  following  a  royal  decree  issued  on  motion  of 
the  competent  Minister,  with  the  consent  of  the  Minister  of  the 
Treasury  and  after  the  Council  of  Ministers  has  been  heard. 

Against  the  royal  decree  recourse  is  permitted  through  judicial 
means,  likewise,  on  question  of  right,  to  the  Council  of  State,  without 
suspensive  effect. 

To  the  person  suffering  expropriation,  or  of  whose  invention  the 
administration  of  railways  makes  use,  there  shall  be  allowed  a  reim- 
bursement, which,  on  failure  of  agreement  by  the  parties,  shall  be 
determined  by  one  or  three  experts  named  by  the  President  of  the 
Court  of  Appeals  of  Home. 

ART.  2.  The  seizure  and  the  description,  mentioned  in  Article  68 
and  following  of  the  law  of  October  30,  1859,  No.  3731,  concerning 
industrial  patents,  are  not  included  among  the  measures  adopted  by 
the  administration  of  railways  of  the  State  in  the  interest  of  public 
service. 

ART.  3.  The  present  decree,  which  shall  have  effect  from  its  pub- 
lication in  the  Gazetta  ufficiale  of  the  Kingdom,  shall  be  presented 
to  Parliament  in  order  to  be  converted  into  a  law. 


358  ITALY. 

[Decree  No.   1294   of  5   October,   1916.] 

Tomaso  di  Savoia,  Duca  di  Geneva,  Lieutenant  General,  in  virtue  of 
authority  which  has  been  delegated  to  us ;  in  view  of  the  law  of  22d 
May,  1915,  No.  671 ;  upon  the  request  of  the  Secretary  of  State  for 
War,  and  in  agreement  with  the  Secretary  of  State  for  the  Navy  and 
the  Secretary  of  State  for  Industry,  Commerce  and  Labor,  we  have 
decreed  as  follows: 

ARTICLE  1.  Whoever,  without  having  obtained  an  express  author- 
ization from  the  Ministry  of  War  or  the  Ministry  of  the  Navy,  com- 
municates or  attempts  to  communicate  to  foreigners,  directly  or  in- 
directly, for  no  matter  what  reason  and  in  no  matter  what  way,  in- 
ventions patented  or  otherwise,  concerning  war  material  or  of  interest 
in  any  manner  whatsoever  for  the  militar}^  defense  of  the  State,  is 
punishable  by  a  fine  up  to  a  thousand  francs,  or  imprisonment  up  to 
six  months,  unless  the  fact  constitutes  a  misdemeanor  so  grave  as  to 
require  the  application  of  the  terms  of  the  penal  code  or  other  special 
law.  Anyone  is  liable  to  the  same  penalty  who,  by  simple  impru- 
dence or  negligence,  renders  possible  the  communication  for  foreign- 
ers one  of  the  inventions  indicated  by  the  preceding  articles,  and 
who,  being  in  a  position  to  do  so,  does  not  prevent  this  communica- 
tion. If  the  culpable  person  is  the  inventor  or  owner  of  the  inven- 
tion, or  person  interested  in  any  manner  in  the  invention,  the  punish- 
ment shall  not  be  less  than  a  fine  of  500  francs  and  imprisonment  of 
three  months. 

ART.  3.  There  is  no  appeal  against  the  refusal  of  authorization  re- 
quired by  the  first  article,  either  by  administrative  action  or  by 
judicial  action.  And  the  refusal  or  delay  of  the  authorization  does 
not  give  in  any  case  a  basis  of  action  for  damages. 

ART.  4.  Said  decree  enters  into  force  throughout  the  duration  of 
the  war  commencing  from  the  date  of  its  publication,  which  is 
October  25,  1916. 


PATENTS — FOREIGN  HOLDERS — "WAR  MEASURES" — DECREES  OF  SEP- 
TEMBER 24,  1914,  AND  JANUARY  3,  1915,  MADE  LAWS  BY  LAW  No. 
97,  OF  JANUARY  7.  1917. 

[Translation.] 

Law  of  January  7,  1917,  No.  97,  converting  into  laws  the  royal 
decrees  of  September  24,  1914,  No.  1034,  and  January  3,  1915,, No. 
3,  concerning  the  extension  of  the  terms  fixed  by  the  law  of  October 
30,  1859,  No.  3731.  concerning  industrial  patents. 

Tomaso  di  Savoia,  Duca  di  Genova,  Lieutenant  General  of  His 
Majesty  Yittorio  Emanuele  III,  by  the  grace  of  God  and  the  will  of 
the  nation  King  of  Italy,  the  Senate  and  the  Chamber  of  Deputies 


ITALY.  359 

liave  approved,  by  virtue  of  the  authority  to  us  delegated,  we  have 
sanctioned,  and  proclaim  the  following: 

SOLE  ARTICLE. 

The  royal  decrees  of  September  24,  1914,  No.  1034,  and  January  3, 
1915,  No.  3,  concerning  the  extension  of  the  terms  established  by  the 
law  of  October  30,  1859,  No.  3731,  concerning  industrial  patents,  are 
-converted  into  laws. 

We  order  that  the  present  under  seal  of  the  State  be  inserted  in  the 
•collection  of  laws  and  decrees  of  the  Kingdom  of  Italy  commanding 
those  concerned  to  observe  it  and  cause  it  to  be  observed  as  a  law  of 
the  State. 

Given  at  Rome,  the  Tth  day  of  January,  1917. 

(Signed)  TOMASO  DI  SAVOIA, 

DE  NAVA, 

Minister. 

Witness : 
SACCHI, 

Custodian  of  the  Seal. 

(From  15  Bollettino  delta  Proprietd  Intellettuale,  Fasc.  21-24. 
p.  110.) 


PATENTS  —  TRADE  -  MARKS  —  MONOPOLIES  —  ALIEN  ENEMIES  —  "  WAR 
MEASURES  " — RECIPROCAL  EXTENSION  OF  CONVENTION  TERMS  TO 
NEUTRAL  AND  ALLIED  NATIONS — DECREE  or  MARCH  22,  1917. 

[Translation.] 

In  consideration  of  the  law  of  May  22,  1916,  No.  671,  conferring 
•extraordinary  powers  of  the  royal  Government  for  the  duration  of 
the  war ;  in  view  of  laws  of  October  30,  1859,  No.  3731,  on  industrial 
monopolies  and  No.  4577  of  August  30,  1868,  concerning  trade-marks 
and  other  patents ;  in  view  of  the  law  of  April  6, 1913,  No.  285,  sanc- 
tioning the  agreement  of  the  League  for  the  Protection  of  Industrial 
Rights  at  Washington ;  in  consideration  of  the  necessity  of  disciplin- 
ing the  industrial-property  rights  of  subjects  of  enemy  countries  so 
that  the  same  may  not  impede  the  use  of  inventions  in  the  interest  of 
the  national  defense  or  of  whomsoever  the  nation's  industry  shall 
have  need  of  service;  in  consideration,  moreover,  of  the  opportune 
measure  of  extending  the  time  limit  within  which  persons  belonging 
to  allied  or  neutral  nations,  conferring  equal  privileges  to  Italians, 
may  request  industrial  monopoly  grants  in  the  Kingdom  of  Italy, 
returning  in  possession  of  the  priority  of  applications  presented  for 
the  first  time  in  one  of  the  said  nations,  approved  by  the  Council  of 


360  ITALY. 

Ministers,  and  at  the  instance  of  the  Minister  of  Industry,  Commerce, 
and  Labor,  in  concert  with  the  Minister  of  Foreign  Affairs,  of  War, 
and  of  the  Navy,  we  have  decreed  and  hereby  decree  as  follows : 

ARTICLE  1.  For  the  duration  of  the  war  the  validity  for  private  in- 
dustrial rights  belonging  to  enemy  subjects,  firms,  or  corporations, 
located  in  enemy  countries,  of  inventions  regarding  war  material  or 
which  may  be  used  for  military  purposes,  is  canceled. 

The  Ministers  of  War  and  Navy  shall  have  the  right  to  use  such 
inventions  or  concede  to  others  the  privilege  of  using  the  same  for 
furnishing  the  army  or  navy. 

The  present  ruling  is  to  take  effect  regarding  every  enemy  country,, 
covering  the  period  since  the  declaration  of  war. 

ART.  2.  If  reasons  of  public  welfare  necessitate  the  actual  use  of 
inventions  within  the  country  which  are  protected  as  monopoly 
grants  in  favor  of  enemy  subjects,  firms,  or  companies,  located  in 
enemy  countries,  such  privilege  may  be  granted  for  the  use  of  those 
inventions  during  the  war,  even  without  the  consent  of  the  holder  of 
the  patent,  to  whomsoever  shall  request  the  same. 

The  license  to  use  such  inventions  during  the  war  shall  be  granted 
by  the  Minister  of  Industry,  Commerce,  and  Labor,  upon  the  approval 
of  the  committee  which  examines  all  recourse  pertaining  to  industrial 
rights.  This  grant  may  be  subject  to  special  conditions  and  to  the 
deposit  of  a  certain  sum  of  money  in  the  Government  treasury. 

ART.  3.  If  a  trade-mark  registered  in  the  name  of  an  enemy  sub- 
ject, firm,  or  company,  shall  have  become  the  common  designation  of 
the  products  it  serves  to  distinguish,  the  use  of  the  trade-mark  may 
be  granted  upon  application,  during  the  war,  to  Italian  manufactur- 
ers of  those  same  articles. 

The  license  to  use  these  trade-marks  shall  be  granted  by  decree  of 
the  Minister  of  Industry,  Commerce,  and  Labor,  in  the  same  manner 
and  on  the  conditions  set  forth  in  the  preceding  article. 

ART.  4.  No  recourse  either  administrative  or  judicial  is  admissible 
against  the  rulings  as  per  preceding  articles. 

ART.  5.  The  time-limits  of  priority,  as  established  by  Article  4  of 
the  league's  convention  at  Paris,  approved  at  Washington,  which  had 
not  expired  on  May  24,  1915,  are  suspended  for  the  entire  duration 
of  the  war  and  until  three  years  after  the  publishment  of  peace,  in 
favor  of  persons  belonging  to  these  allied  or  neutral  nations  belong- 
ing to  the  union,  which  may  have  granted  the  same  benefit  to  Italians. 

(Signed)  TOMASO  Di  SAVOIA. 

Given  at  Rome,  March  22,  1917. 

(From  238  Official  Gazette,  1642;  original  publication  in  Gazzetta 
U-fficiale,  Apr.  10, 1917.)' 


ITALY.  361 

INDUSTRIAL  PROPERTY — APPLICATION s — REN EW ALS — FEES — EXTEN - 
SIGN  OF  TERMS — RECIPROCITY  WITH  UNITED  STATES — DECREE  or 
MAY  14,  1917. 

[Translation.] 

Ministerial  decree  prolonging  in  favor  of  citizens  of  the  United 
States  of  America  the  delay  for  the  payment  of  industrial  property 
fees. 

The  Minister  of  Industry,  Commerce,  and  Labor,  in  view  of  the 
decree  of  the  lieutenant  general  of  June  20,  1915,  No.  962,  concern- 
ing the  prolongation  of  the  delays  of  priority  in  industrial  property 
matters ;  in  view  of  the  note  of  the  Government  of  the  United  States 
of  America  of  March  24,  1917;  in  view  of  the  conditions  prescribed 
in  Article  3  of  the  decree  of  the  lieutenant  general  for  granting  to 
foreign  holders  of  patents  of  invention,  the  benefits  provided  in  this 
decree  are  realized  as  concerns  the  United  States  of  America,  decrees: 

The  benefits  provided  in  Article  2  of  the  decree  of  the  lieutenant 
general,  of  June  20,  1915.  No.  962,  relative  to  the  prolongation  of 
the  terms  for  the  payment  of  fees  and  for  the  accomplishment  of 
the  procedure  prescribed  by  law  for  the  maintenance  in  force  of 
patents  of  invention,  and  for  making  application  for  their  prolonga- 
tion, are  applicable  to  citizens  of  the  United  States  of  America. 

The  present  decree  shall  be  published  in  the  Gazetta  Ufficude  of  the 
Kingdom  at  the  same  time  as  the  note  hereinbefore  mentioned. 

Rome,  May  14, 1917. 

(Signed)  DE  NAVA, 

M  mister. 


INDIA. 

INDUSTRIAL  PROPERTY — WAR  MEASURE— NOTIFICATION   No.   149,   or 

JANUARY  9,  1915. 

We  are  indebted  to  Messrs.  W.  H.  Williams  &  Co.,  of  Calcutta,  for 
the  following  text  of  notification  No.  149,  dated  9th  January,  1915 : 

No.  149. — Whereas  by  paragraph  5  (1)  of  Trading- with-the-Enemy  Proclama- 
tion No.  II  of  9th  September,  1914,  as  amended  and  extended  by  proclamation 
dated  the  5th  of  November,  1914,  payment  of  any  sum  of  money  to.  or  for  the 
benefit  of  persons  or  a  body  of  persons  resident  in  the  territories  of  the  German 
Empire  or  in  the  Dual  Monarchy  of  Austria-Hungary  or  in  the  respective  col- 
onies and  dependencies  thereof  or  in  the  territories  of  the  Sultan  of  Turkey 
other  than  any  territory  in  the  occupation  of  the  British  Government  or  its 
colonies,  in  this  license  and  in  the  said  proclamations  referred  to  as  "  enemy 
country  "  is  prohibited  ;  and 

Whereas,  by  paragraph  8  of  the  said  proclamation  it  is  provided  that  nothing 
in  the  proclamation  shall  be  taken  to  prohibit  anything  which  shall  be  expressly 
permitted  by  license,  whether  such  license  be  granted  to  individuals  or  be  an- 
nounced as  applying  to  persons;  and 

Whereas,  by  paragraph  3  of  proclamation  dated  8th  October,  1914,  power 
to  grant  such  licenses  on  behalf  of  the  Crown  may  be  exercised  in  India  by  the 
Governor  General: 

Now,  therefore,  I,  Charles  Baron  Hardinge  of  Penshurst,  hereby  authorize 
all  persons  residing,  being,  or  carrying  on  business  in  British  India  to  pay  any 
fees  necessary  for  obtaining  the  grant,  or  for  obtaining  the  renewal,  of  patents, 
or  for  obtaining  the  registration  of  trade-marks  or  designs,  or  the  renewal  of 
such  registration,  in  an  "  enemy  country  "  ; 

And  also  to  pay  on  behalf  of  an  "  enemy  "  any  fees  payable  in  British  India 
on  application  for,  or  renewal  of,  the  grant  of  a  patent,  or  on  application  for  the 
registration  of  designs  or  the  renewal  of  such  registration. 

(Signed)  HARDINGE  OF  PENSHURST. 

362 


JAPAN. 

COPYRIGHT — PROTOCOL    ADDITIONAL    TO    REVISED    CONVENTION    OF 
BERNE — RATIFICATION,  TRANSMITTED  FEBRUARY  5,  1915. 

On  February  5,  1915,  the  Swiss  Federal  Council  received  notice 
from  the  Japanese  Minister  of  Foreign  Affairs,  announcing  the  ratifi- 
cation by  Japan  of  the  Protocol  of  March  20,  1914,  additional  to  the 
Convention  of  Berne,  revised  at  Berlin,  November  13,  1908. 

Quoting  from  Le  Droit  cPAuteur,  of  April,  1915,  from  which  we 
glean  this  information,  the  following  observation  will  be  of  interest : 

The  Japanese  note  adds  that  His  Majesty  the  Emperor  has  been  pleased  to 
ratify  this  Protocol,  while  taking  into  consideration  its  international  character, 
and  notwithstanding  the  fact  that  one  of  the  signatory  States  is  actually  in  a 
state  of  war  with  the  Empire ;  but  this  ratification  is  made  under  the  reserva- 
tion that  it  shall  affect  in  no  way  the  position  of  the  Empire  toward  the 
enemy  State. 


INDUSTRIAL  PROPERTY — WAR  CONDITIONS — STATUS — OFFICIAL  STATE- 
MENT OF  JUNE  7,  1915. 

[Translation.] 

The  Japanese  administration  has  addressed  to  the  International 
Bureau  the  following  communications: 

1. — PROVISIONS  FOR   SAFEGUARDING  THE  UNION   INTERESTS   ENDANGERED  BY 
REASON  OF  THE  EUROPEAN  WAR. 

PATENT  OFFICE, 

Tokio,  June  7,  1915. 

MR.  DIRECTOR:  I  have  the  honor  to  acknowledge  receipt  of  the  circular  of 
date  of  25th  August  last,  wherein  you  have  requested  me  to  apprise  you  of  all 
the  provisions  that  Japan  counts  on  taking  to  safeguard  the  interests  of  Union 
subjects  liable  to  be  endangered  by  reason  of  the  European  war. 

The  office  will  proceed  in  this  regard  with  the  greatest  care.  The  terms 
fixed  for  the  payment  of  taxes  and  for  the  formalities  to  be  fulfilled  at  the 
Patent  Bureau  will  be  prolonged,  either  voluntarily  or  on  application,  through 
the  application  of  the  provisions  of  the  laws  concerning  patents,  utility  models, 
designs,  and  trade-marks.  Even  if  cases  of  avoidance  occur  through  non- 
observance  of  the  terms  fixed  for  formalities,  the  interested  parties  will  be 
relieved  for  one  year  from  the  consequences  of  this  non-observance,  provided 

363 


364  JAPAN. 

that  the  causes  of  this  last  result  from  the  present  crisis.  It  is  thus  that  1 
propose  to  avoid  the  wrongs  that  might  result,  for  Union  subjects,  from  the 
present  state  of  war. 

In  conclusion  I  regret  to  add  that  I  am  not  as  yet  prepared  to   answer 
you  as  regards  measures  that  will  be  taken  concerning  subjects  of  the  countries 
that  are  at  war  with  the  Empire. 
Accept,  sir,  etc. 

(Signed.)  S.  SAKIGAWA, 

Director  of  the  Patent  Office. 


PATENTS — TRADE-MARKS — UTILITY    MODELS — WAR    REGULATIONS    OF 
JULY  20,  1917 — EFFECTIVE  SEPTEMBER  15,  1917. 

[Translation.] 

ARTICLE  1.  Patents  or  registrations  shall  be  suspended  during  the 
period  of  the  war  for  applications  or  petitions  of  alien  enemies  for 
the  ownership  of  industrial  property. 

In  case  the  inventions,  designs,  or  utility  models,  mentioned  in  the 
said  applications  and  petitions,  come  under  either  of  the  following 
headings  during  the  war,  they  shall  not  be  patented  or  registered : 

(1)  When  the  inventions  are  known  or  used  in  Japan. 

(2)  When  the  inventions  are  described  in  publications  distributed 
in  Japan  to  such  an  extent  that  the  description  can  easily  be  put  in 
practice. 

ART.  2.  Alien  enemies  shall  not  be  entitled  to  make  application  for 
trial  or  for  hearing  on  appeal,  nor  to  make  appeal  from  judgment  of 
hearing  on  appeal. 

ART.  3.  Alien  enemies  can  not  claim  the  priority  of  Article  4  of 
the  International  Convention  for  the  Protection  of  Industrial  Prop- 
erty in  the  matter  of  a  patent  right  that  comes  into  existence  during 
the  period  of  the  war. 

ART.  4.  Patents  or  trade-marks  owned  by  alien  enemies  may  be 
revoked  or  canceled  when,  under  the  present  circumstances,  it  is 
deemed  necessary  for  military  reasons  or  for  the  public  interest. 

ART.  5.  Patents  owned  by  alien  enemies  may  be  used  exclusively 
by  a  party  having  the  permission  of  the  Government.  This  applies 
to  such  patents  as  shall  be  revoked  under  the  preceding  article. 

The  term  of  the  exclusive  right  obtained  under  this  article  shall  be 
determined  in  accordance  with  the  period  of  the  patent  yet  to  run. 

Necessary  regulations  pertaining  to  the  exclusive  right  are  to  be 
determined  by  imperial  ordinance. 

ART.  6.  Trade-marks  that  are  identical  with  or  similar  to  those 
trade-marks  whose  registration  issto  be  canceled  in  accordance , with 
Article  4,  and  which  are  to  be  affixed  to  the  same  merchandise,  are 
not  to  be  registered. 


JAPAN.  365 

ART.  7.  Applications,  petitions,  and  actions  of,  or  patents  and 
trade-marks  obtained  by  non-belligerent  persons,  shall  be  subject,  in 
case  there  be  interest  of  alien  enemies,  to  the  provisions  of  the  pre- 
ceding six  articles. 

ART.  8.  As  concerns  matters  to  be  adjusted  at  the  conclusion  of 
the  war,  they  shall  be  determined  by  imperial  ordinance. 

ART.  9.  Any  party  that  infringes  the  exclusive  right  obtained 
under  the  present  provisions  shall  be  sentenced  to  penal  servitude  for 
not  exceeding  five  years  or  to  a  fine  of  not  more  than  1,000  yen. 

The  date  of  the  present  regulations  becoming  effective  shall  be, 
determined  by  imperial  ordinance. 

(Translation  furnished  by  Mr.  Haruhiko  lida,  M.  E.,  of  Tokyo.) 


RUSSIA. 

[Law  of  the  20th  of  May  (1st  of  June),  1896.] 

His  Majesty  the  .Emperor  has  designed  by  his  Royal  authority  to 
confirm  and  declare  to  be  executed  the  following  opinion  of  the 
Government  Council,  sitting  in  full  meeting,  relating  to  a  scheme 
for  the  regulation  of  patents  of  invention  and  improvement,  and  to 
a  table  showing  the  staff  and  expenditure  of  the  committee  for 
technical  business  attached  to  the  department  of  commerce  and 
manufactures. 

A. — OPINION  OF  THE  GOVERNMENT  COUNCIL. 

The  Government  Council,  sitting  with  the  united  department  of 
state  economy,  of  laws,  and  of  civil  and  ecclesiastical  business, 
assembled  in  full  conference,  having  examined  the  report  of  the 
Minister  of  Finance  relating  to  a  scheme  for  the  regulation  of  patents 
of  invention  and  improvement  and  to  a  table  showing  the  staff  and 
expenditure  of  the  committee  for  technical  business  attached  to  the 
department  of  commerce  and  manufactures,  submits  the  following 
opinion : 

I. 

To  modify  and  enlarge  the  corresponding  articles  of  the  laws 
relating  to  Ministries  (Codified  Laws,  Vol.  I,  part  2,  edition  1892), 
it  is  ordered  that^- 

1.  There  shall  be  a  committee  for  technical  business  attached  to 
the  department  of  commerce  and  manufactures  competent  to  grant 
patents  of  invention  and  improvement,  and,  further,  to  examine  all 
technical  questions  which  may  be  referred  to  by  the  Minister  of 
Finance. 

2.  The  committee  (par.  1),  presided  over  by  the  director  of  the 
department  of  commerce  and  manufactures,  shall  consist  of  one  of 
the  subdirectors  of  the  said  department,  who,  in  the  absence  of  the 
president,  shall  preside ;  nine  permanent  members,  nominated  by  the 
Minister  of  Finance  from  graduates  who  have  received  a  superior 
and  preferably  a  technical  education;   and  members  representing 
the  Ministries  of  War,  of  the  Navy,  of  the  Interior,  of  Agriculture 

366 


RUSSIA.  367 

and  public  domains,  and  to  public  ways  in  the  proportion  of  one 
member  to  each  Ministry. 

3.  Attached  to  the  committee  shall  be   (1)   experts  chosen  from 
graduates  who  have  received  a  superior  and  preferably  a  technical 
education;  such  experts,  who  do  not  enjoy  the  privileges  attached 
to  the  Government  service,  shall  be  nominated  by  the  president  of 
the  committee,  to  take  part  in  the  preliminary  examination  of  appli- 
cations, and  have  the  same  deliberative  position  as  the  permanent 
members  of  the  committee    (sec.  2)  ;    (2)    a  superintendent  of  the- 
affairs  of  the  committee  and  other  employees  in  accordance  with  the,^ 
staff  establishment. 

4.  The  committee  shall  be  divided  into  sections.    The  Minister  of 
Commerce  shall  determine  the  number  of  sections  and   allot  the 
business  between  them.    Each  section  shall  be  presided  over  by  one 
of   the   permanent   members    appointed    for   this   purpose    by   the 
Minister  of  Finance.    Appeals  against  the  decisions  of  the  sections 
shall  be  considered  by  the  committee  in  full  meeting. 

5.  The  quorum  of  members  to  be  present  at  meetings  of  the  sec- 
tions is  fixed  at  a  minimum  of  three,  including  the  president. 

6.  At  the  meetings  of  the  sections,  and  of  the  full  committee,  ques- 
tions shall  be  decided  by  a  majority  of  votes,  and  if  the  votes  be 
equally  divided,  that  of  the  president  shall  be  decisive.     Decisions 
given  by  the  committee  in  full  meeting  shall  be  submitted  for  con- 
firmation to  the  Minister  of  Finance. 

II. 

Schemes  (a)  for  enactments  as  to  patents  of  invention  and  im- 
provement, and  (b)  for  the  staff  establishment  and  expenditure  of 
the  committee  of  technical  business  attached  to  the  department  of 
commerce  and  manufactures  shall  be  presented  to  His  Majesty  the 
Emperor  for  his  sovereign  confirmation. 

III. 

The  following  posts  on  the  staff  establishment  of  the  department 
of  commerce  and  manufactures  (Codified  Laws  and  Decrees,  1894, 
No.  26,  Art,  191),  supremely  confirmed  on  the  25th  of  January,  1894,. 
are  abolished:  One  head  of  a  section,  three  heads  of  offices,  three 
underheads  of  offices,  and  five  experts  attached  to  the  Council  of 
Commerce  and  Manufactures.  The  persons  at  present  holding  these 
posts  shall  be  retired  in  accordance  with  the  general  rules  if  they 
do  not  receive  fresh  nominations. 

93169—19 24 


368 


RUSSIA. 


IV. 

To  modify  and  amend  the  provisions  relating  to  taxes  (Codified 
Laws,  Vol.  V,  edition  1893)  it  is  ordered  that— 

1.  The  following  taxes  are  payable  for  the  benefit  of  the  treasury 
for  each  patent  of  invention  or  improvement : 


,  Roubles. 

First  year__  15 

Second  year 20 

Third  year 25 

Fourth  year 30 

Fifth   year__  40 

Sixth  year 50 

Seventh  year 75 

Eighth  year__  :_„  100 


Roubles. 

Ninth  year__          125 

Tenth  year— .                 150 

Eleventh  year 200 

Twelfth  year 250 

Thirteenth  year 300 

Fourteenth  year 350 

Fifteenth  year—                               _  400 


2.  The  taxes  specified  in  the  preceding  paragraph    (1)    shall  be 
paid  for  the  first  year  within  the  term  of  three  months  from  the 
notice   informing   the   applicant   that   the   committee    of  technical 
business  attached  to  the  department  of  commerce  and  manufactures 
has  allowed  the  grant  of  the  patent.    For  the  following  years,  each 
year  in  advance,  counting  from  the  elate  on  'which  the  patent  was 
signed.    No  tax  can  be  returned. 

3.  In  the  case  of  the  proved  property  of  a  Russian  subject  applying 
on  his  own  behalf  for  a  patent,  the  Minister  of  Finance  may  exempt 
him  for  the  first  three  years  from  the  payment  of  the  taxes  referred 
to  in  paragraph  1. 

4.  For  each  patent  of  addition  delivered  to  a  person  already  pos- 
sessing a  patent  of  invention  or  improvement  (Art.  27  of  the  patent 
law)    a  single  tax  of  20  rubles  is  payable  for  the  benefit  of  the 
treasury. 

V. 

Article  570,  paragraph  2  of  Article  572,  and  paragraph  8  of  Article 
61  of  the  appendix  to  Article  619  of  "  Constitution  of  Ministries " 
(Codified  Laws,  Vol.  I,  pt.  2,  issue  of  1892  and  sequel  of  1895), 
Articles  167  to  175  and  177  to  198  of  the  statutes  of  trade  (Codified 
Laws,  Vol.  XI,  pt.  2,  issue  of  1893),  Article  16  of  agricultural  stat- 
utes (Codified  Laws,  Vol.  XII,  pt,  2,  issue  of  1893),  and  Articles  553 
and  554  of  medicinal  statutes  (Codified  Laws,  Vol.  XIII,  issue  of 
1892),  are  repealed,  and  the  words,  "and  patents"  are  struck  out 
from  paragraph  5  of  Article  70  of  the  appendix  to  Article  619  of 
"Constitution  of  Ministries"  (Codified  Laws,  Vol.  I,  pt.  2,  sequel 
1895). 


RUSSIA.  369 

VI. 

Article  176  of  the  industrial  law  (Codified  Laws,  Vol.  VI,  pt.  2. 
issue  of  1893 )x  will  remain  temporarily  in  force. 

VII. 

These  provisions  shall  come  into  force  the  1st  (13th)  of  July,  1896. 

VIII. 

It  is  decreed :  ( 1 )  That  questions  concerning  the  grant  of  patents 
of  invention  or  improvement,  in  which  at  the  date  fixed  by  Section 
II;  if  the  patent  be  granted,  the  fees  paid  before  the  coming  into 
shall  be  decided  in  accordance  with  the  enactments  as  to  patents  of 
invention  and  improvement  referred  to  in  paragraph  (a)  of  Section 
II;  if  the  patent  be  granted,  the  fees  paid  before  the  coming  into 
force  of  the  present  law  shall  not  be  returned,  but  shall  be  credited 
toward  the  amount  of  the  fees  due  under  section  4 ;  if  the  patent  be 
refused,  or  if  the  applicant  abandon  the  application.  Article  184  of 
the  regulations  on  industry  shall  apply  (Codified  Laws,  Vol.  XI,  pt. 
2,  issue  of  1893)  ;  ~  and  (2)  that  all  patents  granted  prior  to  the  date 
fixed  by  Section  VII,  and  still  valid,  may  be  prolonged  on  application 
by  the  owners  for  a  period  not  exceeding  15  years  from  the  date  of 
the  signing  of  the  patent,  subject  to  the  payment  of  the  taxes  specified 
in  section  4  for  each  additional  year,  counting  from  the  date  of  the 
signing  of  the  patent. 

IX. 

All  expenses  incurred  by  the  new  committee  during  the  year  1896 
shall  be  met  by  the  credits  set  free  by  the  abolition  of  the  posts 
enumerated  in  section  3,  and  by  the  conditional  grant  contained  in 
Article  1,  paragraph  1,  of  the  budget  gf  the  department  of  commerce 
and  manufactures  ("  inspectors  of  the  committee  of  technical  busi- 
ness"). From  the  1st  January,  1897,  the  necessary  amount  shall 
be  entered  separately  in  the  budget  of  the  said  department. 

1  This  article  is  as  follows  : 

"  Patents  of  invention  and  improvements  relating  to  munitions  of  war  and  to  the 
defense  of  the  State  which  can  only  be  used  by  the  Government,  such  as  pieces  of  artil- 
lery, projectiles,  fuses,  and  other  artillery  accessories,  armor  plates,  torpedoes,  revolving 
turrets,  etc.,  can  not  be  granted.  For  inventions  and  improvements  relating  to  articles 
used  in  the  army,  but  which  can  also  be  employed  by  private  persons,  such  as  small  arms, 
metallic  cartridges,  bullets  and  other  accessories  to  such  weapons,  patents  may  be  granted 
on  the  condition  that  they  shall  have  no  force  against  the  Ministries  of  War  and  the 
Navy,  and  shall  not  preclude  such  ministries  from  using  the  above-mentioned  inventions 
and  improvements,  or  from  carrying  out  the  necessary  experiment^." 

2  This  article  is  as  follows  : 

"  If  the  grant  of  the  patent  be  refused  the  fees  paid  by  the  applicant  shall  be  at  once 
returned  to  him." 


370  BUSSIA. 

B. — PATENTS  or  INVENTION  AND  IMPROVEMENT. 

ARTICLE  1.  To  obtain  the  right  to  the  exclusive  use  of  an  industrial 
invention  or  an  improvement,  any  person  may  apply  for  a  patent 
bv  complying  with  the  provisions  of  this  law. 

ART.  2.  Patents  of  invention  and  improvement  shall  be  granted  to 
Russian  subjects  and  foreigners,  and  not  only  to  inventors  themselves 
but  also  to  those  entitled  through  them. 

ART.  3.  Patents  shall  only  be  granted  for  inventions  and  improve- 
ments having  some  essentially  new  feature,  either  in  their  entirety  or 
in  one  or  more  of  their  parts,  or  in  a  new  combination  of  their  parts 
when  these  are  already  known  separately.  A  single  patent  may 
comprise  several  distinct  inventions  or  improvements  if  they  con- 
stitute as  a  whole  a  definite  process  of  manufacture  and  can  not  be 
used  separately. 

ART.  4.  Patents  shall  not  be  granted  for  inventions  and  improve- 
ments : 

(a)  Which  consist  of  scientific  discoveries  and  abstract  theories. 

(b)  Which  are  contrary  to  public  order,  morals,  and  decency. 
(<?)  Which,  prior  to  the  date  when  the  application  for  the  patent 

was  lodged,  have  been  patented  in  Russia  or  have  been  used  there 
without  a  patent  or  which  have  been  described  in  printed  books  or 
journals  in  sufficient  detail  to  enable  them  to  be  reproduced. 

(d)  Which  are  known  abroad  without  a  patent  or  which  are  pat- 
ented there  in  the  name  of  a  person  other  than  the  applicant,  except 
in  the  case  in  which  the  invention  has  been  assigned  to  the  latter. 

(e)  Which  do  not  involve  any  sufficiently  essential  novelty  (Art. 
3),  but  only  insignificant  modifications  of  inventions  and  improve- 
ments already  known. 

Further,  no  patent  shall  be  granted  for  chemical,  nutritious,  and 
gustatory  products,  for  medical  compounds,  or  for  processes  and 
apparatus  for  the  manufacture, of  the  latter. 

ART.  5.  Any  person  desirous  of  obtaining  a  patent  of  invention  or 
improvement  shall  lodge  at  the  department  of  commerce  and  manu- 
factures, either  personally  or  by  an  attorney,  an  application,  ac- 
companied by  a  complete  description  in  the  Russian  language  of  the 
invention  or  improvement  and  a  receipt  from  the  treasury  certifying 
the  payment  of  30  roubles  to  cover  the  expenses  of  examination  and 
publication.  If  the  applicant  be  domiciled  abroad,  the  application 
shall  be  presented  by  an  attorney  domiciled  in  Russia. 

[NOTE. — The  amount  paid  in  accordance  with  this  article,  to  cover  the  expenses 
of  examination  and  publication,  can  not  be  refunded.  The  Minister  of  Finance 
may  exempt  applicants  who  are  Russian  subjects  from  the  payment  of  the  said 
sum,  if  they  show  that  they  are  without  resources.] 


RUSSIA.  371 

ART.  6.  The  description  mentioned  in  the  preceding  Article  5  must 
be  clear,  precise,  and  detailed,  and  must  be  accompanied,  if  the  cir- 
cumstances render  it  necessary,  by  explanatory  drawings  and  models, 
so  that  it  may  be  possible  with  these  data  easily  to  reproduce  the 
invention  or  improvement  without  recourse  to  suppositions  or  con- 
jectures. The  description  must  conclude  with  an  enumeration  of 
the  distinctive  characteristics  of  the  invention  or  improvement  which 
in  the  opinion  of  the  applicant  constitute  its  novelty  (Art.  3).  Dur- 
ing the  three  months  which  follow  the  deposit  of  the  application, 
the  applicant  shall  have  the  right  to  introduce  modifications  and 
additions  to  the  description  deposited,  without,  however,  altering 
its  substance. 

ART.  7.  When  the  applicant  has  satisfied  the  provisions  of  Article  5, 
the  department  of  commerce  and  manufactures  shall  deliver  to  him 
or  send  him  by  post  a  certificate  of  protection,  the  form  of  which 
shall  be  established  by  the  Minister  of  Finance;  each  certificate 
granted  shall  form  the  subject  of  a  corresponding  publication  in  the 
Official  Messenger  and  the  Journal  of  Finance^  Industry,  and 
Commerce. 

ART.  8.  After  having  received  the  certificate  of  protection  (Art.  T) 
the  applicant  may,  without  losing  his  rights  to  the  patent,  com- 
municate his  invention  or  improvement  to  anyone,  may  publish  it, 
or  may  make  public  trials,  may  have  it  manufactured,  may  transfer 
to  others  his  rights  to  the  patent,  and  may  warn,  either  privately  or 
notarially,  persons  who  are  about  to  infringe  his  rights,  with  the 
object  of  informing  them  that,  should  a  patent  be  granted  to  him, 
they  will  be  liable  to  proceedings  in  the  courts  for  any  infringement 
committed  by  them  between  the  date  of  publication  of  the  delivery 
of  the  certificate  of  protection  (Art.  T)  and  that  of  the  signature  of 
the  patent  (Art.  20). 

ART.  9.  A  certificate  of  protection  shall  cease  to  be  in  force  if  the 
patent  be  refused.  The  lapsing  of  this  certificate  shall  be  published 
in  the  journals  mentioned  in  Article  7. 

ART.  10.  If,  before  the  patent  has  been  granted,  any  person  pre- 
sent to  the  department  of  commerce  and  manufactures  a  declaration, 
supported  by  sufficient  proofs,  stating  that  the  invention  or  the  im- 
provement has  already  been  known  or  used,  the  department  shall 
communicate  to  the  applicant  the  contents  of  this  declaration,  giv- 
ing him  a  term  of  three  months  (dating  from  the  day  on  which  he 
receives  the  notice)  to  make  explanations  in  this  respect.  If  the 
above-mentioned  declaration  accuse  the  applicant  of  having  appro- 
priated the  invention  or  improvement  of  another,  the  examination  of 
the  application  shall  be  suspended  and  the  parties  invited  to  pre- 
sent themselves  before  the  law  courts. 


372  RUSSIA. 

ART.  11.  Every  application  for  a  patent,  after  having  been  pre- 
viously examined  by  a  permanent  member  or  one  of  the  experts  of  the 
committee  of  technical  business  of  the  department  of  commerce  and 
manufactures,  shall  be  forwarded  with  the  report  of  the  said  mem- 
ber or  expert  to  the  corresponding  section  of  the  committee,  which 
shall  give  its  decision. 

ART.  12.  The  president  of  the  committee  may  invite  the  applicants 
or  their  attorneys  and  experts  to  take  part  in  the  sittings,  so  that 
they  may  supply  verbal  explanations;  but  applications  shall  be  dis- 
cussed and  decisions  arrived  at  in  the  absence  of  such  persons. 

ART.  13.  The  committee  shall  not  examine  into  the  utility  or  ad- 
vantages of  the  invention  or  improvement,  nor  whether  it  belong  to 
the  applicant.  It  shall  only  decide  upon  the  question  as  to  whether 
the  application  and  the  description  of  the  invention  or  improvement 
comply  with  the  conditions  laid  down  by  Articles  3  and  6. 

ART.  14.  When  the  deliberations  have  terminated,  the  section  of 
the  committee  shall  decide  either  to  grant  the  patent  in  accordance 
with  the  request  of  the  applicant  or  with  certain  restrictions  or  modi- 
fications, or  to  reject  the  application.  The  decision  of  the  section 
shall  be  communicated  to  the  applicant  with  a  statement  of  the  rea- 
sons for  refusal  or  for  the  restrictions  or  modifications  required. 

ART.  15.  A  patent  of  invention  or  improvement  shall  be  granted  to 
the  person  who  first  makes  the  application,  although  other  persons 
may  have  lodged  applications  for  a  patent  for  the  same  invention  or 
improvement  while  the  application  was  still  in  course  of  examination. 
The  case  in  which  the  first  inventor  is  accused  of  having  appropriated 
the  invention  or  improvement  of  another  (Art.  10)  is  excepted.  If 
two  or  more  applications  for  a  patent  of  invention  or  improvement 
be  Jodged  by  different  persons  in  the  course  of  the  same  day,  and  if 
these  inventions  be  recognized  as  novel  but  evidently  identical,  the 
department  shall  address  to  the  applicants  an  official  communication, 
inviting  them  to  come  to  an  understanding  with  the  object  of  their 
receiving  a  single  patent  in  their  joint  names.  If  such  an  understand- 
ing be  not  arrived  at  within  three  months  from  the  time  when  the 
applicants  have  received  the  said  communication  the  granting  of  the 
patent  shall  be  refused,  except  in  the  case  where  the  priority  of  one 
of  the  applicants  is  established  in  the  law  courts. 

ART.  16.  Patents  of  invention  and  improvement  shall  be  granted 
according  to  the  request  of  the  applicants  for  any  period  not  exceed- 
ing 15  years  counting  from  the  date  on  which  the  patent  was  signed 
(Art.  20).  A  patent  for  an  invention  or  improvement  already  pat- 
ented abroad  before  the  date  of  the  lodging  of  the  application  for 
the  Russian  patent  shall  not  have  a  longer  term  than  that  of  the 
foreign  patent ;  if  the  invention  or  improvement  be  patented  in  sev- 
eral foreign  States,  the  Russian  patent  shall  cease  to  be  in  force  with 


RUSSIA.  373 

the  expiration  of  the  shortest  term  for  which  a  patent  was  granted 
abroad. 

ART.  17.  If  the  grant  of  the  patent  be  alloAved,  the  applicant  shall, 
within  three  months  from  the  receipt  of  the  notice,  present  to  the 
department  of  commerce  and  manufactures  a  receipt  from  the  treas- 
ury certifying  the  payment  of  the  tax  due  for  the  first  year.  If 
this.be  not  done,  the  application  shall  lapse,  and  any  subsequent 
application  shall  be  treated  as  a  new  application. 

ART.  18.  If  the  applicant  be  not  satisfied  with  the  decision  given 
by  the  section  of  the  committee,  he  shall  have  a  right  to  address  to 
the  department  of  commerce  and  manufactures,  within  three  months 
from  the  date  when  this^decision  is  notified  to  him,  an  appeal  accom- 
panied by  a  receipt  from  the  treasury  certifying  the  payment  of  15 
roubles. 

ART.  19.  The  above-mentioned  appeals  (Art.  18),  with  the  docu- 
ments relating  thereto,  shall  be  laid  before  experts  who  have  not 
taken  part  in  the  first  examination  by  the  section  of  the  committee. 
They  shall  then  be  transmitted,  with  the  opinions  of  the  new  experts, 
for  the  decision  of  the  committee  in  full  sitting.  The  experts  who 
have  taken  part  in  the  first  examination  by  the  section  may  be  present 
and  speak  but  not  vote  at  the  full  sitting. 

ART.  20.  When  the  grant  of  the  patent  has  been  allowed,  and  when 
the  taxes  have  been  paid  (Art.  IT),  the  department  of  commerce  and 
manufactures  shall  cause  letters  patent  to  be  prepared  for  delivery 
to  the  applicant.  This  document  shall  commence  with  the  words 
"  By  Ukase  of  His  Majesty  the  Emperor."  and  must  contain : 

( 1 )  The  Christian  and  surname  of  the  applicant. 

(2)  The  date  on  which  the  application  was  lodged,  and  also  that 
on  which  the  patent  was  signed. 

(3)  The  complete  and  detailed  description  of  the  invention  or 
improvement. 

(4)  The  statement  of  the  distinctive  characteristics  of  the  inven- 
tion or  improvement  which  constitute  its  novelty. 

( 5 )  The  term  for  which  the  patent  is  granted. 

(6)  A  statement  that  no  other  patent  has  before  been  granted  for 
the  same  invention  or  improvement. 

(7)  A  notice  that  the  Government  does  not  guarantee  the  utility 
of  the  invention  or  improvement,  or  that  it  belongs  to  the  applicant, 
and  that  the  invention  or  improvement  must  be  worked  in  Eussia 
within  the  period  indicated  by  the  law  (Art.  24). 

If  the  patent  have  been  granted  for  an  addition  to  or  modification 
of  an  invention  or  improvement  belonging  to  another  (Art.  28),  the 
document  shall  contain  the  reservation  that  working  under  the  patent 
must  be  previously  authorized  by  the  said  person.  The  letters  patent 
shall  be  signed  by  the  Minister  of  Finance  and  countersigned  by  the 


374  RUSSIA. 

director  of  the  department  of  commerce  and  manufactures,  who  shall 
affix  the  seal  of  the  department. 

ART.  21.  The  grant  of  each  patent  shall  be  published  in  the  jour- 
nals mentioned  in  Article  7,  with  the  title  of  the  invention. 

(1)  Every  patent  shall,  within  three  months  at  the  latest  from 
its  issue,  be  published  in  a  detailed  and  complete  manner  in  a  special 
periodical  journal  named  by  a  decree  of  the  Minister  of  Finance,  and 
such  decree  shall  be  transmitted  to  the  directing  senate,  in  order  that 
it  may  be  duly  published. 

(2)  The  department  of  commerce  and  manufactures  shall  publish 
an  annual  list  of  all  patents  granted,  and  shall  establish  a  register 
of  patents  granted,  and  shall  preserve  the  specifications,  which  shall 
be  open  to  the  public. 

ART.  22.  The  patentee  shall  have  the  exclusive  right  to  work  the 
patented  invention  or  improvement  during  the  whole  term  for  which 
the  patent  has  been  granted.  He  may  consequently— 

(1)  Carry  out  the  invention  or  improvement,  take  proper  meas- 
ures to  bring  it  into  use,  and  authorize  other  persons  to  carry  it  out. 

(2)  Assign  the  patent  for  the  whole  or  part  of  its  term. 

(3)  Take  legal  proceedings  against  unauthorized  working  of  his 
patent  as  well  as  against  every  other  infringement  of  his  rights  com- 
mitted subsequently  to  the  publication  of  the  grant  of  the  certificate 
of  protection  (Arts.  T'and  8),  and  likewise  bring  actions  for  damages. 
After  the  decease  of  the  patentee  or  of  the  person  entitled  through 
him,  the  right  to  the  patent  shall  pass  to  the  testamentary  or  legal 
lieirs  in  accordance  with  the  general  rules  of  inheritance. 

ART.  23.  The  grant  of  a  patent  shall  not  exempt  the  owner  from 
the  operation  of  laws  and  decrees  which  are  or  shall  be  enacted  for 
regulating  the  working  of  patented  inventions  or  improvements. 

ART.  24.  The  owner  of  a  patent  shall,  within  five  years  from  the 
date  of  signing  the  patent  (Art,  20),  put  the  patented  invention  or 
improvement  into  Avork  in  Russia,  and  within  the  same  period  shall 
submit  to  the  department  of  commerce  and  manufactures  a  certifi- 
cate of  such  working  from  a  competent  authority  nominated  by  the 
Minister  of  Finance. 

ART.  25.  In  the  case  of  the  transfer  of  a  patent  (Art.  22  (2) )  notice 
shall  be  given  to  the  department  of  commerce  and  manufactures, 
accompanied  by  the  documents  proving  the  transfer.  The  depart- 
ment, shall  publish  the  transfer  of  the  patent  at  the  expense  of  the 
applicant  in  the  journals  indicated  in  Article  7. 

ART.  26.  The  grant  of  a  patent  shall  not  prevent  any  one  from 
contesting  before  the  law  courts  during  the  two  years  that  follow 
the  publication  of  the  complete  description  (Art.  21  (1))  the  right 
of  the  owner  to  the  patented  invention  or  improvement,  whether  in 
its  entirety  or  in  certain  of  its  parts  or  the  regularity  of  the  granting 


RUSSIA.  375 

of  the  patent.  After  the  expiration  "of  his  period,  the  patent  shall 
only  be  annulled  by  decision  of  a  criminal  court  after  a  penal  prose- 
cution. 

ART.  27.  During  the  time  a  patent  remains  in  force,  the  owner,  on 
complying  with  the  provisions  contained  in  Articles  5  and  6,  and  on 
paying  the  single  special  tax,  shall  have  the  right  to  demand  the 
grant  of  a  patent  of  addition  for  the  purpose  of  improving  the  origi- 
nal patent  by  the  addition  of  new  parts  or  new  particulars  relating 
to  the  practical  use  of  his  invention  or  improvement.  A  patent  of 
addition  shall  expire  at  the  same  time  as  the  principal  patent. 

ART.  28.  After  the  expiration  of  one  year  from  the  publication 
of  the  grant  of  a  patent  (Art.  21)  any  one  may,  in  conformity  with 
the  provisions  contained  in  the  present  law,  obtain  a  patent  for  an 
invention  or  improvement  supplementing  or  altering  the  first  patent. 
This  second  patent  shall  not  be  used  by  the  owner  of  the  original 
patent  or  by  those  entitled  through  him,  nor  by  the  owner  of  the 
second  patent,  except  by  the  mutual  consent  of  the  parties.  The  same 
rule  shall  apply  to  patents  granted  for  new  combinations  of  parts  of 
which  some  are  already  patented  in  Russia  (Art.  3). 

ART.  29.  A  patent  shall  cease  to  be  in  force : 

(1)  At  the  expiration  of  its  term  (Art.  16). 

(2)  In  the  case  of  non-payment  in  advance  of  the  proper  annual 
fees. 

(3)  In  the  absence  of  the  working  required  by  Article  24. 

(4)  When  the  courts  have  decided  (Art.  26)  that  the  patent  has 
been  granted  in  an  irregular  manner,  or  to  a  person  who  had  not  the 
right  to  obtain  it. 

(5)  If  it  be  proved  that  the  description  accompanying  the  appli- 
cation for  the  patent  (Art.  6)  is  not  sufficient  to  allow  of  the  inven- 
tion or  improvement  being  worked  without  the  aid  of  the  inventor. 

Publication  shall  be  made  in  the  journals  mentioned  in  Article  7 
of  patents  which  have  ceased  to  be  in  force. 

ART.  30.  In  the  case  of  the  loss  of  a  certificate  of  protection  or  of 
letters  patent,  the  owner  should  inform  the  department  of  commerce 
and  manufactures,  which  shall  publish  the  fact  in  the  journals  men- 
tioned in  Article  7. 

A  person  who  has  lost  the  above-mentioned  documents  may  obtain 
copies  on  lodging  a  receipt  from  the  treasury  certifying  the  payment 
of  10  roubles.  Copies  of  certificates  of  protection  shall  be  delivered 
immediately,  and  copies  of  letters  patent  not  later  than  one  month 
from  the  last  publication  of  the  loss  of  the  original. 

ART.  31.  The  Minister  of  Finance  is  authorized  to  issue  detailed 
rules  concerning  the  execution  of  the  present  law,  on  the  condition, 


376 


EUSS1A. 


however,  that  such  rules  shall  not  be  contrary  to  this  law,  and  shall 
not  relate  to  matters  which  from  their  nature  ought  to  be  submitted 
to  judicial  or  legislative  examination.  Such  rules  shall  be  trans- 
mitted to  the  directing  senate  in  order  that  they  may  be  duly  pub- 
lished. 

Staff  and  expenses  of  the  technical  committee  atfaclied  to.  tfie  department  of 
commerce  and 


Sal 

aries. 

of  em- 
ployees. 

Salary. 

Allowance 
in  lieu  of 

Allowance 
in  lieu  of 

Total. 

board. 

lodgings. 

Roubles. 

Roubles. 

Roubles. 

Roubles. 

Permanent  members 

1  9 

Director 

1,800 

600 

600 

3,000 

Heads  of  departments 

3 

900 

400 

400 

5,  100 

Assistants                                         -.» 

6 

600 

180 

180 

5,760 

Secretary  

400 

150 

150 

700 

Copying   clerks,    office   library,    and   sundry 
expenses  

7,440 

Total  .  .  . 

37,000 

1  Divided  according  to  instructions  of  the  minister  of  finance. 

Remarks. 

1.  The  posts  indicated  in  the  above  list  may  be  filled  by  persons 
not  holding  corresponding  rank,  or  not  holding  any  rank  at  all,  and 
also  by  persons  not  having  the  right  of  entering  the  civil  service,, 
the  last  of  these  persons  enjoying  all  the  privileges  attached  to  such 
posts,  but  not  taking  the  rank  corresponding  thereto. 

2.  The  remuneration  of  permanent  members,  as  well  as  of  the  ex- 
perts for  preliminary  examination  of  applications  for  patents  for 
inventions  and  improvements,  shall  be  met  from  the  credit  assigned 
in  the  budget  of  the  department  of  commerce  and  manufactures  for 
the  expenses  connected  with  the  granting  of  patents. 


RUSSIA — WAR  LEGISLATION. 

PATENTS — ENEMY  COUNTRIES — WAR  MEASURES — DECREE  OF  FEBRU- 
ARY 21,  1915. 

We  are  indebted  to  Messrs.  Kaupe  and  Tschekaloff,  of  Petrogradr 
for  advice  that,  in  accordance  with  the  regulation  of  the  Council  of 
Ministers  and  by  virtue  of  Article  87  of  the  fundamental  state  laws, 
in  amendment  and  completion  of  the  corresponding  decrees,  an  im- 
perial decree  of  February  21,  1915,  ordered  that: 


BUSSIA.  377 

! 

[Translation.] 

! 

1.  Patents  for  industrial  inventions  or  improvements  shall  not  be 
granted  to  subjects  of  powers  at  war  with  Russia,  nor  are  applica- 
tions for  such  patents  accepted,  the  examination  of  same  having  been 
discontinued. 

2.  Patents  for  inventions  and  improvements,  belonging  to  subjects 
of  powers  at  war  with  Russia,  and  being  of  utility  in  the  defense  of 
the  State,  shall  be  appropriated  by  the  Empire.     The  Minister  of 
Trade  and  Industry,  in  agreement  with  the  Ministers  of  War  and  the 
Navy,  shall  draw  up  a  list  of  such  patents  for  the  information  of 
whomever  it  may  concern,  which,  within  a  term  of  two  months  from 
the  date  of  the  promulgation  of  the  present  regulation,  shall  be  pub- 
lished in  the  newspapers  mentioned  in  Article  76  of  the  Statute  of 
Manufacture  and  Trades.     (Code  of  Laws,  Vol.  XI,  pt.  2,  1913.) 

The  validity  of  all  other  patents  belonging  to  the  parties  in  this 
section  (2)  is  annulled. 

3.  The  right  of  use  or  license  of  inventions  or  improvements  ob- 
tained before  January  1,  1915,  by  parties  not  subjects  of  powers  at 
war  with  Russia,  from  persons  being  subjects,  shall  remain  in  force 
for  the  term  fixed  and  to  the  extent  determined.     The  patents  for 
these  inventions  and  improvements  not  coming  under  the  first  part 
of  section  2  of  the  present  decree  shall  remain  valid  for  the  period 
requisite  for  the  accomplishment  of  the  rights  of  exploitation.    The 
Umpire  shall  be  considered  the  owner  of  such  patents. 

4.  Parties  that  wish  their  rights  of  exploitation  to  remain  in  force 
(clause  2)    are  bound  either  in  person  or  through  their  agents  to 
lodge  an  application  with  the  section  of  industry  within  a  term  of 
one  month  from  the  date  of  the  promulgation  of  the  present  decree, 
producing  proof  in  writing  of  having  obtained  said  right.    Within 
the  term  of  one  month  from  the  date  of  the  expiry  of  the  term  men- 
tioned, the  section  of  industry  shall  examine  the  applications  filed, 
drawing  up  and  publishing  in  the  newspapers,  as  stipulated  in  Arti- 
cle 76  of  the  Statute  of  Manufacture  and  Trade  (Code  of  Laws.  Vol. 
XI,  pt.  2,  1913),  a  list  of  the  rights  of  exploitation  considered  as 
having  been  verified,  as,  likewise,  of  the  respective  patents.    The  in- 
sertion in  the  list  of  the  rights  of  exploitation  does  not  deprive  the 
parties  interested  of  the  right — for  the  term  of  two  years  from  the 
date  of  the  publication  of  the  list — to  contest  in  legal  form  the  owner- 
ship of  the  right  of  exploitation  to  its  whole  acknowledged  extent  or 
in  part. 

5.  In  the  present  decree  there  shall  be  understood  by  the  expres- 
sion "  subjects  of  powers  at  war  with  Russia,"  also  corporations  and 
partnerships  formed  in  any  of  the  countries  at  war  with  Russia,  even 
if  they  have  been  allowed  to  operate  in  the  Russian  Empire. 


378  RUSSIA. 

RUSSIA  (GERMAN  OCCUPATION). 

INDUSTRIAL  PROPERTY — EXTENSION   or  GERMANY  LAW — ORDINANCE 
No.  70,  OF  MARCH  11,  1916. 

[Translation.] 

Ordinance  of  the  Governor  General  concerning  the  protection  of  the 
rights  of  German  subjects  in  matters  of  industrial  property  in  the 
territory  of  the  Government  General  of  Warsaw.  (No.  70,  Mar.  11, 
1916.) 

SECTION  1.  Inventions,  Gebrauchsmuster,  industrial  designs  and 
models,  and  trade-marks  that  are  or  shall  be  protected  according  to 
the  laws : 

(a)  Concerning  patents,  of  April  7,  1891  (Reichsgesetzblatt,  1891, 
p.  79) ; 

(5)  Concerning  the  protection  of  Gebrauchsmuster,  of  June  1, 
1891  (Reichsgesetzblatt,  1891,  p.  290) ; 

(c)  Concerning  the  copyright  over  designs  and  models,  of  June  11, 
1876  (RewTisgesetzblatt)  1876,  p.  11) ; 

(d)  Concerning  the  protection  of  trade-marks,  of  May  12,  1894 
(Reichsgesetzblatt,  1894,  p.  441), 

may  not  be  used  commercially  without  the  authorization  of  the  party 
interested. 

SEC.  2.  Violations  shall  be  punished  by  fine  up  to  10,000  marks,  or 
imprisonment  for  as  much  as  two  years.  These  two  kinds  of  pun- 
ishment may  be  pronounced  cumulatively.  Instigators,  counterfeit- 
ers, and  receivers  shall  be  treated  as  the  principal  author. 

Prosecution  shall  take  place  only  on  the  complaint  of  the  party 
interested.  The  complaint  may  be  withdrawn.  Persons  that  have 
their  seat  or  their  domicile  elsewhere  than  in  the  territory  of  the 
German  Empire  or  of  the  Government  General  of  Warsaw  shall  not 
be  authorized  to  make  accusation. 

SEC.  3.  In  place  of  the 'indemnity  due  for  violation  of  the  present 
ordinance,  and  on  application  of  the  injured  party,  there  may  be 
awarded  to  this  latter,  in  addition  to  the  fine,  damages  up  to  50,000 
marks.  All  of  the  parties  convicted  shall  be  jointly  and  severally 
responsible  for  the  payment  of  these  damages. 

SEC.  4.  The  departmental  tribunals  are  alone  competent  to  take 
cognizance  of  violations  punishable  by  virtue  of  the  present  ordi- 
nance. For  the  procedure  concerning  the  award  of  damages,  there 
shall  be  applied  by  analogy  sections  443  to  445  of  the  German  code  of 
penal  procedure. 

(Bulletin  of  ordinances  for  the  Government  General  of  Warsaw. 
No.  25,  of  Mar.  22,  1916.)  (From  32  La  Propriete  Industrielle,  54; 
see  Blatt  fur  Patent-,  Muster-  u.  Zeichenwesen,  Apr.  26, 1916,  p.  51.) 


RUSSIA.  379 

INDUSTRIAL  PROPERTY — EXTENSION  OF  GERMAN  LAWS — WHO  MAY 
PROSECUTE  VIOLATIONS — DECREE  (AMENDATORY)  No.  155,  OF  OCTO- 
BER 4,  1916. 

[Translation.] 

Decree  of  the  Governor  General  which  modifies  the  decree  concern- 
ing the  protection  of  the  rights  of  German  subjects  in  matters  of 
industrial  propert}^  within  the  territory  of  the  Government  General 
of  Warsaw. 

ARTICLE  1.  The  second  paragraph  of  section  2  of  decree  No.  70,  of 
March  11,  1916,  concerning  the  protection  of  the  rights  of  German 
subjects  in  matters  of  industrial  property  is  modified  as  follows: 

Proceedings  shall  be  instituted  only  upon  complaint  of  the  party  interested. 
The  complaint  may  be  withdrawn.  Persons  that  have  their  seat  or  their  domi- 
cile elsewhere  than  within  the  territory  of  the  German  Empire,  of  the  Govern- 
ment General  of  Warsaw,  or  of  Austria-Hungary  or  of  territories  occupied  by 
Austria-Hungary  shall  not  be  authorized  to  make  complaint. 

ART.  2.  The  present  decree  shall  become  effective  immediately. 
(From  translation  in  33  La  Propriete  Industrielle,  3,  of  January, 
1917,  taken  from  Blatt  fur  Patent-,  Mmter-,  und  Zeichenwesen.} 

RUSSIA. 

PATENTS — RELIEF    MEASURES — "  WAR    MEASURES  " — REGULATION    OF 

OCTOBER  31,  1917. 

[Translation.] 

Regulation  of  the  provisional  government,  of  October  31,  1917. 

ART.  1983.  Regarding  the  non-publication  of  inventions  whereof 
the  publication  might  be  inimical  or  inexpedient  as  regards  the 
national  defense,  the  provisional  Government  stipulated  in  the 
Journal  of  May  11,  1917,  concerning  the  amendment  and  complement 
of  the  laws : 

During  the  duration  *of  the  war  of  the  State  all  inventions  whereof  the  pro- 
mulgation might  be  inimical  or  inexpedient  as  regards  the  national  defense  shall 
be  held  secret,  independently  of  expropriation  for  the  benefit  of  the  State,  and, 
furthermore,  the  usual  publication  of  the  filing  certificate  shall  not  be  made,  as 
likewise  the  delivery  of  patents  for  the  above  inventions  shall  be  delayed  until 
after  the  conclusion  of  the  war. 

ART.  1984.  Concerning  the  restitution  of  non-observed  terms  as 
regards  acceptance  of  treasury  tax  receipts  for  patents  of  invention, 
the  provisional  Government  has  stipulated  in  the  Journal  of  June  30, 
1917: 

To  authorize  the  Minister  of  Commerce  and  Industry  during  the  war,  in  ex- 
tremely well-grounded  cases,  to  reinstate  the  non-observed  terms,  indicated  in 
Articles  89  and  98  of  the  code  of  industry,  fabrics,  and  commerce  (Code  of 


380  RUSSIA. 

Laws,  Vol.  XI,  p.  2,  edition  of  1913)  and  also  to  accept  tax  receipts  of  the 
treasury  as  regards  the  payment  of  taxes  and  fees  subsequent  to  the  expiry  of 
the  terms  fixed  in  Articles  368  and  371  of  the  regulation  of  taxes  (Code  of 
Laws,  Vol.  V,  edition  of  1914),  and  addenda  to  Article  198  19  of  the  code  of  in- 
dustry (Coll.  of  Laws,  1914,  Art.  1876). 

NOTE. — The  various  provisions  referred  to  in  the  preceding  stipu- 
lation (Art.  1984)  are  the  following: 

Statute  of  industry,  Art.  89. — The  applicant,  not  being  satisfied 
with  the  decision  of  the  committee,  may  appeal  within  three  months 
from  the  date  on  which  this  decision  was  notified  to  him,  on  first 
filing  a  treasury  tax  receipt  certifying  the  payment  of  15  roubles. 

Statute  of  industry,  Art.  96. — The  owner  of  a  patent  must  within 
five  years  from  the  date  of  the  signature  of  the  patent  work  the  pat- 
ented invention  or  improvement  in  Russia  and  within  the  same  period 
must  lodge  with  the  section  of  industry  a  certificate  of  such  working, 
from  a  competent  authorit}'  nominated  by  the  Minister  of  Commerce 
and  Industry. 

Tax  regulation,  Art.  368. — The  tax  indicated  *  *  *  must  be 
paid — for  the  first  year  that  the  patent  is  in  force  during  the  three 
mpnths  beginning  from  the  day  on  which  the  applicant  received 
notice  of  the  acceptance  of  his  petition  by  the  Technical  Committee 
of  the  Section  of  Industry  of  the  Ministry  of  Commerce  and  In- 
dustry, and  for  the  following — in  advance  of  each  year  as  long  as  the 
patent  remains  in  force — counting  from  the  day  of  the  signature 
thereof.  The  fee  paid  is  to  be  refunded  in  no  case  whatever. 

Tax  regulation.  Art.  371. — In  case  of  delay  in  the  payment  to  the 
treasury  of  the  State  of  the  tax  indicated  in  Articles  367  and  368,  a 
fine  will  be  required,  of  10  per  cent  of  the  tax  due  for  the  first,  15  per 
cent  for  the  second,  and  25  per  cent  for  the  third  delayed  month, 
counting  fractions  of  a  month  as  a  full  month.  No  delay  extending 
beyond  three  months  will  be  allowed. 

Statute  of  industry,  Art.  198™. — From  the  beginning  of  the  second 
year  of  the  term  of  the  patent  the  treasury  tax  receipt  for  the  pay- 
ment of  the  tax  fixed  by  Article  367  of  the  regulation  concerning 
taxes  shall  be  filed  by  the  owner  of  the  patent  in  the  section  of  in- 
dustry not  later  than  three  months  from  the  day  on  which  the  tax 
shall  have  been  paid  into  the  treasury. 

(Translation  by  Messrs.  Kaupe  &  Tschekaloff,  Petrograd.) 


ROUMANIA. 

[Law  No.  862  of  18th  August,  1917.] 

There  is  granted  a  prolongation  of  the  terms  for  the  payment  of 
the  annual  taxes  on  patents  belonging  to  Roumanian  subjects  and  the 
subjects  of  allied  or  neutral  States,  beginning  from  the  14th  August, 
1916,  throughout  the  duration  of  the  war,  and  until  a  date  which  will 
be  determined  later  by  the  Ministry  of  Industry  and  Commerce  by  a 
notice  published  in  the  Official  Moniteur. 

The  same  prolongation  is  granted  to  all  the  beneficiaries  under  pat- 
ents who  are  Roumanian  subjects  or  subjects  of  the  allies  or  neutrals 
who  obtain  patents  after  the  date  from  which  the  present  law  has 
been  decreed.  This  prolongation  will  not  profit  subjects  of  allied  or 
neutral  countries  unless  a  parallel  prolongation  is  granted  in  these 
countries  in  the  favor  of  Roumanian  subjects  who  are  interested  in 
patents.  While  in  the  countries  above  mentioned  prolongation  will 
be  given  to  allies  or  neutrals  from  19th  July,  1914,  the  date  of  the 
commencement  of  the  European  war,  this  prolongation  will  apply  in 
Roumania  also,  from  the  same  date  in  favor  of  Roumanian  subjects 
who  are  holders  of  patents. 

381 


UNITED  STATES  OF  AMERICA. 

PATENT  LAWS. 

THE  CONSTITUTIONAL  PROVISION. 

The  Congress  shall  have  power  *  *  *  to  promote  the  progress 
of  science  and  useful  arts,  by  securing  for  limited  times  to  authors 
and  inventors  the  exclusive  right  to  their  respective  writings  and 
discoveries.  (Art.  I,  sec.  8.) 

The  Consolidated  Patent  Act  from  which  the  sections  of  Revised  Statutes 
relating  to  patents  were  chiefly  compiled  was  passed  July  8,  1870  (16  Stat.  L., 
198).  As  to  sections  490,  491,  492,  493,  894,  and  4934,  see  also  Resolution  No.  5 
of  January  11,  1871  (16  Stat.  L.,  590),  and  act  of  March  24,  1871  (17  Stat.  L., 
P.  2). 

Where  sections  have  been  amended  since  passage,  the  amending  act  is  cited 
in  the  margin. 

Sections  of  the  Revised  Statutes  (except  first  three  below)  are  arranged  in 
numerical  order.  Other  statutes  are  inserted  as  far  as  possible  after  the  sec- 
tions of  the  Revised  Statutes  to  which  their  subject  matter  is  related. 

ORGANIZATION    OF    THE    PATENT    OFFICE. 

Revised  Statutes,  Title  XL 

SEC.  475.  There  shall  be  in  the  Department  of  the  Interior  an 
office  known  as  the  Patent  Office,  where  all  records,  books,  models, 
drawings,  specifications,  and  other  papers  and  things  pertaining  to 
patents  shall  be  safely  kept  and  preserved. 

SEC.  476.  There  shall  be  in  the  Patent  Office  a  Commissioner  of 
Patents,  one  Assistant  Commissioner,  and  three  examiners  in  chief, 
who  shall  be  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate.  All  other  officers,  clerks,  and  employees  au- 
thorized by  law  for  the  office  shall  be  appointed  by  the  Secretary  of 
the  Interior,  upon  the  nomination  of  the  Commissioner  of  Patents. 
[See  sec.  169.] 

Position  of  First  Assistant  Commissioner  was  created  in  the  appropriation  act  of  March 
4,  1909  (35  Stat.  L.,  891)  ;  salary,  $4,500  a  year. 

SEC.  477.  The  salaries  of  the  officers  mentioned  in  the  preceding 
section  shall  be  as  follows : 

The  Commissioner  of  Patents,  $4,500  a  year. 
382 


UNITED   STATES   OF   AMERICA. 

The  Assistant  Commissioner  of  Patents,  $3,000  a  year. 
Three  examiners  in  chief,  $3V000  a  year  each. 

Present  salaries  given  under  "Appropriations,"  post,  page  406. 

SEC.  440.  There  shall  also  be  in  the  Department  of  the  Interior— 

******* 

In  the  Patent  Office: 

One  chief  clerk,  at  a  salary  of  $2,500  a  year. 

One  examiner  in  charge  of  interferences,  at  a  salary  of  $2,500  a 
year. 

One  examiner  in  charge  of  trade-marks,  at  a  salary  of  $2,500  a  year. 

Twenty-four  principal  examiners,  at  a  salary  of  $2,500  a  year  each. 

Twenty-four  first  assistant  examiners,  at  a  salary  of  $1,800  a  year 
each. 

Twenty-four  second  assistant  examiners  (two  of  whom  may  be 
women),  at  a  salary  of  $1,600  a  year  each. 

Twenty-four  third  assistant  examiners,  at  a  salary  of  $1,400  a 
year  each. 

One  librarian,  at  a  salary  of  $2,000  a  year. 

One  machinist,  at  a  salary  of  $1,600  a  year.  • 

Three  skilled  draftsmen,  at  a  salary  of  $1,200  a  year  each. 

Thirty-five  copyists  of  drawings,  at  a  salary  of  $1,000  a  year  each. 

One  messenger  and  purchasing  clerk,  at  a  salary  of  $1,000  a  year. 

One  skilled  laborer,  at  a  salary  of  $1,200  a;  year. 

Eight  attendants  in  the  model  room,  at  a  salary  of  $1,000  a  year 
each. 

Eight  attendants  in  the  model  room,  at  a  salary  of  $900  a  year  each. 

For  present  employees  and  their  salaries,  see  under  "Appropriations,"  post,  page  406. 

SEC.  441.  The  Secretary  of  the  Interior  is  charged  with  the  super- 
vision of  public  business  relating  to  the  following  subjects : 

******* 

Fifth.  Patents  for  inventions. 

Juri-xdiction  of  the  Secretary  on  appeal -from  commissioner.- — Butterworth  v.  Hoe,  112 
U.  S..  50-60;  29  O.  G.,  615. 

SEC.  478.  The  seal  heretofore  provided  for  the  Patent  Office  shall 
be  the  seal  of  the  office,  with  which  letters  patent  and  papers  issued 
from  the  office  shall  be  authenticated. 

SEC.  479.  The  Commissioner  of  Patents  and  the  chief  clerk,  before 
entering  upon  their  duties,  shall  severally  give  bond,  with  sureties, 
to  the  Treasurer  of  the  United  States,  the  former  in  the  sum  of 
$10,000  and  the  latter  in  the  sum  of  $5,000,  conditioned  for  the  faith- 
ful discharge  of  their  respective  duties,  and  that  they  shall  render 
to  the  proper  officers  of  the  Treasury  a  true  account  of  all  money 
received  by  virtue  of  their  offices. 

— 10 25 


384  UNITED   STATES   OF   AMERICA. 

SEC.  480.  All  officers  and  employees  of  the  Patent  Office  shall  be 
incapable,  during  the  period  for  which  they  hold  their  appointments, 
to  acquire  or  take,  directly  or  indirectly,  except  by  inheritance  or 
bequest,  any  right  or  interest  in  any  patent  issued  by  the  office. 

SEC.  481.  The  Commissioner  of  Patents,  under  the  direction  of  the 
Secretary  of  the  Interior,  shall  superintend  or  perform  all  duties 
respecting  the  granting  and  issuing  of  patents  directed  by  law ;  and 
he  shall  have  charge  of  all  books,  records,  papers,  models,  machines, 
and  other  things  belonging  to  the  Patent  Office. 

DttticH  of  commissioner.— Butterworth  v.  Hoe,  112  U.  S.,  50  ;  29  O.  G.,  615. 

SEC.  482.  The  examiners  in  chief  shall  be  persons  of  competent 
legal  knowledge  and  scientific  ability,  whose  duty  it  shall  be,  on  the 
written  petition  of  the  appellant,  to  revise  and  determine  upon  the 
validit}7  of  the  adverse  decisions  of  examiners  upon  applications  for 
patents,  and  for  reissues  of  patents,  and  in  interference  cases;  and 
when  required  by  the  commissioner,  they  shall  hear  and  report  upon 
claims  for  extensions,  and  perform  such  other  like  duties  as  he  may 
assign  them. 

SEC.  483.  The  Commissioner  of  Patents,  subject  to  the  approval 
of  the  Secretary  of  the  Interior,  may  from  time  to  time  establish  regu- 
lations, not  inconsistent  with  law,  for  the  conduct  of  proceedings  in 
the  Patent  Office. 

SEC.  484.  The  Commissioner  of  Patents  shall  cause  to  be  classified 
and  arranged  in  suitable  cases,  in  the  rooms  and  galleries  provided 
for  that  purpose,  the  models,  specimens  of  composition,  fabrics, 
manufactures,  works  of  art,  and  designs,  which  have  been  or  shall 
be  deposited  in  the  Patent  Office;  and  the  rooms  and  galleries  shall 
bp  kept  open  during  suitable  hours  for  public  inspection. 

See  act  May  22,  1908.  ch.  lSt>  ;  -'55  Stat.  L..  229.  providing  for  removing  and  storing 
valuable  models  and  disposing  of  others  :  superseded  in  part  by  act  Mar.  4,  1909,  ch.  298. 
35  Stat.  L.,  924  :  "  That  all  models  of  the  Patent  Office  be  retained  by  the  Interior  Depart- 
ment until  provision  is  made  for  their  care  by  Congress." 

SEC.  485.  The  Commissioner  of  Patents  may  restore  to  the  re- 
spective applicants  such  of  the  models  belonging  to  rejected  applica- 
tions as  he  shall  not  think  necessary  to  be  preserved,  or  he  may  sell 
or  otherwise  dispose  of  them  after  the  application  has  been  finally 
rejected  for  one  year,  paying  the  proceeds  into  the  Treasury,  as 
other  patent  moneys  are  directed  to  be  paid. 

SEC.  48G.  There  shall  be  purchased  for  the  use  of  the  Patent  Office 
a  library  of  such  scientific  works  and  periodicals,  both  foreign  and 
American,  as  may  aid  the  officers  in  the  discharge  of  their  duties, 
not  exceeding  the  amount  annually  appropriated  for  that  purpose. 

SEC.  487.  For  gross  misconduct  the  Commissioner  of  Patents  may 
refuse  to  recognize  any  person  as  a  patent  agent,  either  generally  or 


UNITED  STATES  OF  AMERICA.  385 

in  any  particular  case ;  but  the  reasons  for  such  refusal  shall  be  duly 
recorded,  and  be  subject  to  the  appeal  of  the  Secretary  of  the 
Interior. 

SEC.  488.  The  Commissioner  of  Patents  may  require  all  papers 
filed  in  the  Patent  Office,  if  not  correctly,  legibly,  and  clearly  written, 
to  be  printed  at  the  cost  of  the  party  filing  them. 

SEC.  489.  The  Commissioner  of-  Patents  may  print,  or  cause  to  be 
printed,  copies  of  the  claims  of  current  issues,  and  copies  of  such 
laws,  decisions,  regulations,  and  circulars  as  may  be  necessary  for 
the  information  of  the  public. 

S<H>  paragraph  "  Sixth  "  of  act  of  Jan.  12,  1895,  post.,  p.  386. 

SEC.  490.  The  Commissioner  of  Patents  is  authorized  to  have 
printed,  from  time  to  time,  for  gratuitous  distribution,  not  to  exceed 
150  copies  of  the  complete  specifications  and  drawings  of  each  patent 
hereafter  issued,  together  with  suitable  indexes,  one  copy  to  be  placed 
for  free  public  inspection  in  each  capitol  of  every  State  and  Terri- 
tory, one  for  the  like  purpose  in  the  clerk's  office  of  the  district  court 
of  each  judicial  district  of  the  United  States,  except  when  such 
offices  are  located  in  State  or  Territorial  capitols,  and  one  in  the 
Library  of  Congress,  which  copies  shall  be  certified  under  the  hand 
of  the  commissioner  and  seal  of  the  Patent  Office,  and  shall  not  be 
taken  from  the  depositories  for  any  other  purpose  than  to  be  used 
as  evidence.  (See  sec.  894.) 

Superseded  by  act  of  .Ian.  12,  1895,  ch.  23,  sec.  73,  par.  5  ;  28  Stat.  L.,  620,  which  was 
repealed  by  a<*t  of  Aug.  24,  1912  ("Sundry  civil"  act,  No.  302).  Sec.  491,  R.  S..  and 
sec.  12  of  the  act  of  Mar.  3,  1875,  18  Stat.  L.,  402,  were  disposed  of  in  like  manner. 

Res.  No.  35  of  Tune  28,  1902  ;  32  Stat.  L.,  746,  made  the  Carnegie  Library,  of  Pitts- 
burgh, the  place  of  deposit  for  the  western  district  of  Pennsylvania. 

Act  of  Jan.  12,  1895. 


The  Commissioner  of  Patents,  upon  the  requisition  of  the  Secretary 
of  the  Interior,  is  authorized  to  continue  the  printing  of  the  follow- 
ing: 

First.  The  patents  for  inventions  and  designs  issued  by  the  Patent 
Office,  including  grants,  specifications,  and  drawings,  together  with 
copies  of  the  same,  and  of  patents  already  issued,  in  such  number  as 
may  be  needed  for  the  business  of  the  office. 

Second.  The  certificates  of  trade-marks  and  labels  registered  in  the 
Patent  Office,  including  descriptions  and  drawings,  together  with 
copies  of  the  same,  and  of  trade-marks  and  labels  heretofore  regis- 
tered, in  such  numbers  as  may  be  needed  for  the  business  of  the  office. 

Third.  The  Official  Gazette  of  the  United  States  Patent  Office  in 
numbers  sufficient  to  supply  all  who  shall  subscribe  therefor  at  $5 


886  UNITED  STATES  OP  AMEBIOA. 

per  annum;  also  to  exchange  for  other  scientific  publications  desir- 
able for  the  use  of  the  Patent  Office ;  also  to  supply  one  copy  to  each 
Senator,  Representative,  and  Delegate  in  Congress;  also  to  supply 
one  copy  to  eight  such  public  libraries  having  over  1,000  volumes, 
exclusive  of  Government  publications,  as  shall  be  designated  by  each 
Senator,  Representative,  and  Delegate  in  Congress,  with  100  addi- 
tional copies,  together  with  bimonthly  and  annual  indexes  for  all 
the  same;  of  the  Official  Gazette  the  "usual  number"  shall  not  be 
printed. 

Fourth.  The  Report  of  the  Commissioner  of  Patents  for  the  fiscal 
year,  not  exceeding  500  in  number,  for  distribution  by  him;  the 
Annual  Report  of  the  Commissioner  of  Patents  to  Congress,  without 
the  list  of  patents,  not  exceeding  1,500  in  number,  for  distribution  by 
him;  and  of  the  Annual  Report  of  the  Commissioner  of  Patents  to 
Congress,  with  the  list  of  patents,  500  copies  for  sale  by  him,  if 
needed,  and  in  addition  thereto  the  "  usual  number  "  only  shall  be 
printed. 

Fifth.  Repealed  by  act  of  August  24,  1912  ("Sundry  civil"  act, 
No.  302).  (See  sec.  490,  R.  S.,  ante,  p.  385.) 

Sixth.  Pamphlet  copies  of  the  rules  of  practice,  pamphlet  copies 
of  the  patent  laws,  and  pamphlet  copies  of  the  laws  and  rules  relating 
to  trade-marks  and  labels,  and  circulars  relating  to  the  business  of 
the  office,  all  in  such  numbers  as  may  be  needed  for  the  business  of 
the  office.  The  " usual  number"  shall  not  be  printed.  (See  sec.  489, 
R.  S.,  ante,  p.  385.) 

Seventh.  Annual  volumes  of  the  decisions  of  the  Commissioner  of 
Patents  and  of  the  United  States  courts  in  patent  cases,  not  ex- 
ceeding 1,500  in  number,  of  which  the  "usual  number"  shall  be 
printed,  and  for  this  purpose  a  copy  of  each  shall  be  transmitted  to 
Congress  promptly  when  prepared. 

Eighth.  Indexes  to  patents  relating  to  electricity,  and  indexes  to 
foreign  patents,  in  such  numbers  as  may  be  needed  for  the  business  of 
[the]  office.  The  "  usual  number  "  shall  not  be  printed. 

All  printing  for  the  Patent  Office  making  use  of  lithography  or 
photolithography,  together  with  the  plates  for  the  same,  shall  be  con- 
tracted for  and  performed  under  the  direction  of  the  Commissioner 
of  Patents,  under  such  limitations  and  conditions  as  the  Joint  Com- 
mittee on  Printing  may  from  time  to  time  prescribe,  and  all  other 
printing  for  the  Patent  Office  shall  be  done  by  the  Public  Printer 
under  such  limitations  and  conditions  as  the  Joint  Committe  on 
Printing  may  from  time  to  time  prescribe :  Provided,  That  the  entire 
work  may  be  done  at  the  Government  Printing  Office  whenever  in 
the  judgment  of  the  Joint  Committee  on  Printing  the  same  would 
be  to  the  interest  of  the  Government.  (Superseding  sec.  492,  R.  S.). 


UNITED  STATES  OF   AMEBICA.  387 

Revised  Statutes,  Title  XL 

SEC.  493.  The  price  to  be  paid  for  uncertified  printed  copies  of 
specifications  and  drawings  of  patents  shall  be  determined  ,by 
the  Commissioner  of  Patents :  Provided,  That  the  maximum  cost  of  a 
copy  shall  be  ten  cents. 

SEC.  494.  The  Commissioner  of  Patents  shall  lay  before  Congress, 
in  the  month  of  January,  annually,  a  report,  giving  a  detailed  state- 
ment of  all  moneys  received  for  patents,  for  copies  of  records  or 
drawings,  or  from  any  other  source  whatever;  a  detailed  statement 
of  all  expenditures  for  contingent  and  miscellaneous  expenses,  a  list 
of  all  patents  which  were  grunted  during  the  preceding  year,  desig- 
nating under  proper  heads  the  subjects  of  such  patents;  an  alpha- 
betical list  of  all  the  patentees,  with  their  places  of  residence;  a  list 
of  all  patents  which  have  been  extended  during  the  year;  and  such 
other  information  of  the  condition  of  the  Patent  Office  as  may  be 
useful  to  Congress  or  the  public.  (See  sees.  195,  196.) 

SEC.  496.  All  disbursements  for  the  Patent  Office  shall  be  made  by 
the  disbursing  clerk  of  the  Interior  Department. 

SEC.  892.  Written  or  printed  copies  of  any  records,  books,  papers, 
or  drawings  belonging  to  the  Patent  Office,  and  of  letters,  patent 
authenticated  by  the  seal  and  certified  by  the  commissioner  or  acting 
commissioner  thereof,  shall  be  evidence  in  all  cases  wherein  the 
originals  could  be  evidence;  and  any  person  making  application 
therefor,  and  paying  the  fee  required  by  law,  shall  have  certified 
copies  thereof. 

SEC.  893.  Copies  of  the  specifications  and  drawings  of  foreign 
letters  patent  certified  as  provided  in  the  proceeding  section  shall  be 
•prima  facie  evidence  of  the  fact  of  the  granting  of  such  letters  patent, 
and  of  the  date  and  contents  thereof. 

SEC.  894.  The  printed  copies  of  specifications  and  drawings  of 
patents,  which  the  Commissioner  of  Patents  is  authorized  to  print 
for  gratuitous  distribution,  and  to  deposit  in  the  capitols  of  the 
States  and  Territories,  and  in  the  clerk's  offices  of  the  district  courts, 
shall,  when  certified  by  him  %  and  authenticated  by  the  seal  of  his 
office,  be  received  in  all  courts  as  evidence  of  all  matters  therein 
contained.  (See  sec.  490.) 

SEC.  973.  When  judgment  or  decree  is  rendered  for  the  plaintiff 
or  complainant,  in  any  suit  at  law  or  in  equity,  for  the  infringement 
of  a  part  of  a  patent,  in  which  it  appears  that  the  patentee,  in  his 
specification,  claimed  to  be  the  original  and  first  inventor  or  dis- 
coverer of  any  material  or  substantial  part  of  the  thing  patented 
of  which  he  was  not  the  original  and  first  inventor,  no  costs  shall  be 
recovered,  unless  the  proper  disclaimer,  as  provided  by  the  patent 


388  UNITED  STATES  OF   AMERICA. 

laws,  has  been  entered  at  the  Patent  Office  before  the  suit  was 
brought.     (See  sees.  4917,  4922.) 

SEC.  1537.  No  patented  article  connected  with  marine  engines  shall 
hereafter  be  purchased  or  used  in  connection  with  any  steam  vessels 
of  war  until  the  same  shall  have  been  submitted  to  a  competent  board 
of  naval  engineers,  and  recommended  by  such  board,  in  writing,  for 
purchase  and  use.  (From  act  of  July  18,  1861,  12  Stat.  L.,  p.  268.) 

PATENTS. 

Revised  Statutes,  Title  LX. 

SEC.  4883.  All  patents  shall  be  issued  in  the  name  of  the  United 
States  of  America,  under  the  seal  of  the  Patent  Office,  and  shall  be 
signed  by  the  Commissioner  of  Patents,  and  they  shall  be  recorded, 
together  with  the  specifications,  in  the  Patent  Office  in  books  to  be 
kept  for  that  purpose. 

SEC.  4884.  Every  patent  shall  contain  a  short  title  or  description 
of  the  invention  or  discovery,  correctly  indicating  its  nature  and  de- 
sign, and  a  grant  to  the  patentee,  his  heirs  or  assigns,  for  the  term 
of  17  years,  of  the  exclusive  right  to  make,  use,  and  vend  the  inven- 
tion or  discovery  throughout  the  United  States  and  the  Territories 
thereof,  referring  to  the  specification  for  the  particulars  thereof. 
A  copy  of  the  specification  and  drawings  shall  be  annexed  to  the 
patent  and  be  a  part  thereof. 

SEC.  4885.  Every  patent  shall  issue  within  a  period  of  three  months 
from  the  date  of  the.  payment  of  the  final  fee,  which  fee  shall  be 
paid  not  later  than  six  months  from  the  time  at  which  the  application 
was  passed  and  allowed  and  notice  thereof  was  sent  to  the  applicant 
or  his  agent;  and  if  the  final  fee  is  not  paid  within  that  period  the 
patent  shall  be  withheld. 

SEC.  4886.  Any  person  who  has  invented  or  discovered  any  new 
and  useful  art,  machine,  manufacture,  or  composition  of  matter,  or 
any  new  and  useful  improvements  thereof,  not  known  or  used  by 
others  in  this  country,  before  his  invention  or  discovery  thereof, 
and  not  patented  or  described  in  any  printed  publication  in  this  or 
any  foreign  country,  before  his  invention  or  discovery  thereof,  or 
more  than  two  years  prior  to  his  application,  and  not  in  public  use 
or  on  sale  in  this  country  for  more  than  two  years  prior  to  his  appli- 
cation, unless  the  same  is  proved  to  have  been  abandoned,  may,  upon 
payment  of  the  fees  required  by  law,  and  other  due  proceeding  had. 
obtain  a  patent  therefor.  (For  appropriation  for  investigating  pub- 
lic use,  etc.,  see  under  "Appropriations,"  post,  p.  406.) 

Section  8  of  the  act  of  March  3,  1897,  amending  sections  4886,  4887,  4894,  and  4920, 
Revised  Statutes,  reads  as  follows  :  "  That  this  act  shall  take  effect  January  first,  eighteen 
hundred  and  ninety-eight,  and  sections  one,  two,  three,  and  four,  amending  sections  forty- 
eight  hundred  and  eighty-six,  forty-nine  hundred  and  twenty,  forty-eight  hundred  and 


UNITED   STATES  OF   AMERICA. 


{  389/ 


eighty-seven,  and  forty-eight  hundred  and  ninety-four  of  the  Revised  Statutes,  shall  not 
apply  to  any  patent  granted  prior  to  said  date,  nor  to  any  application  iiled  prior  to  said 
date,  nor  to  any  patent  granted  on  such  an  application."  (29  Stat.  L.,  604.) 

SEC.  4887.  No  person  otherwise  entitled  thereto  shall  be  debarred 
from  receiving  a  patent  for  his  invention  or  discovery,  nor  shall 
any  patent  be  declared  invalid  by  reason  of  its  having  been  first 
patented  or  caused  to  be  patented  by  the  inventor  or  his  legal  repre- 
sentatives or  assigns  in  a  foreign  country,  unless  the  application  for 
said  foreign  patent  was  filed  more  than  12  months,  in  cases  within 
the  provisions  of  section  4886  of  the  Revised  Statutes,  and  four 
months  in  cases  of  designs,  prior  to  the  filing  of  the  application  in 
this  country,  in  which  case  no  patent  shall  be  granted  in  this  country. 

An  application  for  patent  for  an  invention  or  discovery  or  for 
a  design  filed  in  this  country  by  any  person  who  has  previously  regu- 
larly filed  an  application  for  a  patent  for  the  same  invention,  dis- 
covery, or  design  in  a  foreign  country  which,  by  treaty,  convention, 
or  law,  affords  similar  privilege  to  citizens  of  the  United  States  shall 
have  the  same  force  and  effect  as  the  same  application  would  have  if 
filed  in  this  country  on  the  date  on  which  the  application  for  patent 
for  the  same  invention,  discovery,  or  design  was  first  filed  in  such 
foreign  country,  provided  tfye  application  in  this  country  is  filed 
within  1'2  months  in  cases  within  the  provisions  of  section  4880  of 
the  Revised  Statutes,  and  within  four  months  in  cases  of  designs, 
from  the  earliest  date  on  which  any  such  foreign  application  was 
filed.  But  no  patent  shall  be  granted  on  an  application  for  patent 
for  an  invention  or  discovery  or  a  design  which  had  been  patented 
or  described  in  a  printed  publication  in  this  or  any  foreign  country 
more  than  two  years  before  the  date  of  the  actual  filing  of  the  ap- 
plication in  this  country,  or  which  had  been  in  public  use  or  on  sale 
in  this  country  for  more  than  two  years  prior  to  such  filing. 

(See  note  following  sec.  4886,  supra.) 

SEC.  4888.  Before  any  inventor  or  discoverer  shall  receive  a  patent 
for  his  invention  or  discovery,  he  shall  make  application  therefor,  in 
writing,  to  the  Commissioner  of  Patents,  and  shall  file  in  the  Patent 
Office  a  written  description  of  the  same,  and  of  the  manner  and 
process  of  making,  constructing,  compounding,  and  using  it,  in  such 
full,  clear,  concise,  and  exact  terms  as  to  enable  any  person  skilled 
in  the  art  or  science  to  which  it  appertains,  or  with  with  it  is  most 
nearly  connected,  to  make,  construct,  compound,  and  use  the  same; 
and  in  case  of  a  machine,  he  shall  explain  the  principle  thereof,  and 
the  best  mode  in  which  he  has  contemplated  applying  that  principle, 
so  as  to  distinguish  it  from  other  inventions;  and  he  shall  particu- 
larly point  out  and  distinctly  claim  the  part,  improvement,  or  com- 
bination which  he  claims  as  his  invention  or  discovery.  The  specifi- 
cation and  claim  shall  be  signed  by  the  inventor  and  attested  by  two 
witnesses. 


390  UNITED   STATES  OF   AMEEICA. 

SEC.  4889.  When  the  nature  of  the  case  admits  of  drawings,  the 
applicant  shall  furnish  one  copy  signed  by  the  inventor  or  his  at- 
torney in  fact,  and  attested  by  two  witnesses,  which  shall  be  filed 
in  the  Patent  Office;  and  a  copy  of  the  drawing,  to  be  furnished  by 
the  Patent  Office,  shall  be  attached  to  the  patent  as  a  part  of  the 
specification.  , 

SEC.  4890.  When  the  invention  or  discovery  is  of  a  composition  of 
matter,  the  applicant,  if  required  by  the  commissioner,  shall  furnish 
specimens  of  ingredients  and  of  the  composition,  sufficient  in  quan- 
tity for  the  purpose  of  experiment. 

SEC.  4891.  In  all  cases  which  admit  of  representation  by  model,  the 
applicant,  if  required  by  the  commissioner,  shall  furnish  a  model  of 
convenient  size  to  exhibit  advantageously  the  several  parts  of  his 
invention  or  discovery. 

SEC.  4892.  The  applicant  shall  make  oath  that  he  does  verily  be- 
lieve himself  to  be  the  original  and  first  inventor  or  discoverer  of 
the  art,  machine,  manufacture,  composition,  or  improvement  for 
which  he  solicits  a  patent;  that  he  does  not  know  and  does  not  be- 
lieve that  the  same  was  ever  before  known  or  used;  and  shall  state 
of  what  country  he  is  a  citizen.  Such  oath  may  be  made  before  any 
person  within  the  United  States  authorized  by  law  to  administer 
oaths,  or,  when  the  applicant  resides  in  a  foreign  country,  before  any 
minister,  charge  d'affaires,  consul,  or  commercial  agent  holding  com- 
mission under  the  Government  of  the  United  States,  or  before  any 
notary  public,  judge,  or  magistrate  having  an  official  seal  and  author- 
ized to  administer  oaths  in  the  foreign  country  in  which  the  applicant 
may  be,  whose  authority  shall  be  proved  by  certificate  of  a  diplomatic 
or  consular  officer  of  the  United  States. 

SEC.  4893.  On  the  filing  of  any  such  application  and  the  payment 
of  the  fees  required  by  law,  the  Commissioner  of  Patents  shall  cause 
an  examination  to  be  made  of  the  alleged  new  invention  or  discovery ; 
and  if  on  such  examination  it  shall  appear  that  the  claimant  is  justly 
entitled  to  a  patent  under  the  law,  and  that  the  same  is  sufficiently 
useful  and  important,  the  commissioner  shall  issue  a  patent  therefor. 

Act  of  March  3,  1897. 

SEC.  7.  That  in  every  case  where  the  head  of  any  department  of 
the  Government  shall  request  the  Commissioner  of  Patents  to  expe- 
dite the  consideration  of  an  application  for  a  patent  it  shall  be  the 
duty  of  such  head  of  a  department  to  be  represented  before  the  com- 
missioner in  order  to  prevent  the  improper  issue  of  a  patent. 

Revised  Statutes,  Title  XL, 

SEC.  4894.  All  applications  for  patents  shall  be  completed  and 
prepared  for  examination  within  one  year  after  the  filing  of  the  ap- 


UNITED   STATES  OF   AMERICA.  391 

plication,  and  in  default  thereof,  or  upon  failure  of  the  applicant 
to  prosecute  the  same  within  one  year  after  any  action  therein,  of 
which  notice  shall  have  been  given  to  the  applicant,  they  shall  be 
regarded  as  abandoned  by  the  parties  thereto,  unless  it  be  shown  to 
the  satisfaction  of  the  Commissioner  of  Patents  that  such  delay  was 
unavoidable.  (See  note  following  sec.  4886,  nnte,  p.  388.) 

SEC.  4895.  Patents  may  be  granted  and  issued  or  reissued  to  the 
assignee  of  the  inventor  or  discoverer ;  but  the  assignment  must  first 
be  entered  of  record  in  the  Patent  Office.  And  in  all  cases  of  an  ap- 
plication by  an  assignee  for  the  issue  of  a  patent,  the  application 
shall  be  made  and  the  specification  sworn  to  by  the  inventor  or  dis- 
coverer ;  and  in  all  cases  of  an  application  for  a  reissue  of  any  patent, 
the  application  must  be  made  and  the  corrected  specification  signed 
by  the  inventor  or  discoverer,  if  he  is  living,  unless  the  patent  was 
issued  and  the  assignment  made  before  the  8th  day  of  July,  1870. 
(Last  clause  is  from  act  of  Mar.  3,  1871,  ch.  132,  16  Stat.  L.,  583.) 

SEC.  4896.  When  any  person,  having  made  any  new  invention  or 
discovery  for  which  a  patent  might  have  been  granted,  dies  before 
a  patent  is  granted,  the  right  of  applying  for  and  obtaining  the 
patent  shall  devolve  on  his  executor  or  administrator,  in  trust  for 
the  heirs  at  law  of  the  deceased,  in  case  he  shall  have  died  intestate ; 
or  if  he  shall  have  left  a  will  disposing  of  the  same,  then  in  trust 
for  his  devisees,  in  as  full  manner  and  on  the  same  terms  and  condi- 
tions as  the  same  might  have  been  claimed  or  enjoyed  by  him  in  his 
lifetime;  and  when  any  person  having  made  any  new  invention  or 
discovery  for  which  a  patent  might  have  been  granted  becomes  insane 
before  a  patent  is  granted  the  right  of  applying  for  and  obtaining 
the  patent  shall  devolve  on  his  legally  appointed  guardian,  conserva- 
tor, or  representative  in  trust  for  his  estate  in  as  full  manner  and  on 
the  same  terms  and  conditions  as  the  same  might  have  been  claimed 
or  enjoyed  by  him  while  sane :  and  when  the  application  is  made  by 
such  legal  representatives  the  oath  or  affirmation  required  to  be  made 
shall  be  so  varied  in  form  that  it  can  be  made  by  them.  The  execu- 
tor or  administrator  duly  authorized  under  the  law  of  any  foreign 
country  to  administer  upon  the  estate  of  the  deceased  inventor  shall, 
in  case  the  said  inventor  was  not  domiciled  in  the  United  States  at 
the  time  of  his  death,  have  the  right  to  apply  for  and  obtain  the 
patent.  The  authority  of  such  foreign  executor  or  administrator 
shall  be  proved  by  certificate  of  a  diplomatic  or  consular  officer  of  the 
United  States. 

The  foregoing  section,  as  to  insane  persons,  is  to  cover  all  applica- 
tions now  on  file  in  the  Patent  Office  or  which  may  be  hereafter  made. 
SEC.  4897.  Any  person  who  has  an  interest  in  an  invention  or  dis- 
covery, whether  as  inventor,  discoverer,  or  assignee,  for  which  a 
patent  was  ordered  to  issue  upon  the  payment  of  the  final  fee,  but 


392  UNITED   STATES   OF   AMERICA. 

who  fails  to  make  payment  thereof  within  six  months  from  the  time 
at  which  it  was  passed  and  allowed,  and  notice  thereof  was  sent  to 
the  applicant  or  his  agent,  shall  have  a  right  to  make  an  application 
for  a  patent  for  such  invention  or  discovery  the  same  as  in  the  case 
of  an  original  application.  But  such  second  application  must  be 
made  within  two  years  after  the  allowance  of  the  original  applica- 
tion. But  no  person  shall  be  held  responsible  in  damages  for  the 
manufacture  or  use  of  any  article  or  thing  for  which  a  patent  was 
ordered  to  issue  under  such  renewed  application  prior  to  the  issue  of 
the  patent.  And  upon  the  hearing  of  renewed  applications  preferred 
under  this  section,  abandonment  shall  be  considered  as  a  question  of 
fact. 

SEC.  4898.  Every  patent  or  any  interest  therein  shall  be  assignable 
in  law  by  an  instrument  in  writing,  and  the  patentee  or  his  assigns 
or  legal  representatives  may  in  like  manner  grant  and  convey  an  ex- 
clusive right  under  his  patent  to  the  whole  or  any  specified  part  of 
the  United  States.  An  assignment,  grant,  or  conveyance  shall  be 
void  as  against  any  subsequent  purchaser  or  mortgagee  for  a  valuable 
consideration,  without  notice,  unless  it  is  recorded  in  the  Patent 
Office  within  three  months  from  the  date  thereof. 

If  any  such  assignment,  grant,  or  conveyance  of  any  patent  shall 
be  acknowledged  before  any  notary  public  of  the  several  States  or 
Territories  or  the  District  of  Columbia,  or  any  commissioner  of  the 
United  States  circuit  court,  or  before  any  secretary  of  legation  or 
consular  officer  authorized  to  administer  oaths  or  perform  notarial 
acts  under  section  seventeen  hundred  and  fifty  of  the  Revised 
Statutes,  the  certificate  of  such  acknowledgment,  under  the  hand  and 
official  seal  of  such  notary  or  other  officer,  shall  be  prima  facie  evi- 
.dence  of  the  execution  of  such  assignment,  grant,  or  conveyance. 

Act  of  July  1.  1918  (Bankruptcy  Act}. 

SEC  TO.  Title  to  property. — The  trustee  of  the  estate  of  a  bank- 
rupt, upon  his  appointment  and  qualification,  and  his  successor  or 
successors,  if  he  shall  have  one  or  more,  upon  his  or  their  appoint- 
ment and  qualification,  shall  in  turn  be  vested  by  operation  of  law 
with  the  title  of  the  bankrupt,  as  of  the  date  he  was  adjudged  a  bank- 
rupt, except  in  so  far  as  it  is  to  property  which  is  exempt,  to  all  ( 1 ) 
documents  relating  to  his  property;  (2)  interests  in  patents,  patent 
rights,  copyrights,  and  trade-marks  *  *. 

Revised  Statutes,   Title  LX. 

SEC.  4899.  Every  person  who  purchases  of  the  inventor  or  dis- 
coverer, or,  with  his  knowledge  and  consent,  constructs  any  newly 
invented  or  discovered  machine,  or  other  patentable  article,  prior  to 


UNITED  STATES  OF  AMERICA.  393 

the  application  by  the  inventor  or  discoverer  for  a  patent,  or  who  sells 
or  uses  one  so  constructed,  shall  have  the  right  to  use,  and  vend  to 
others  to  be  used,  the  specific  thing  so  made  or  purchased,  without 
liability  therefor. 

SEC.  4900.  It  shall  be  the  duty  of  all  patentees,  and  their  assigns 
and  legal  representatives,  and  of  all  persons  making  or  vending  any 
patented  article  for  or  under  them,  to  give  sufficient  notice  to  the 
public  that  the  same  is  patented;  either  by  fixing  thereon  the  word 
"  patented, "  together  with  the  day  and  year  the  patent  was  granted ; 
or  when,  from  the  character  of  the  article,  this  can  not  be  done,  by 
fixing  to  it,  or  to  the  package  wherein  one  or  more  of  them  is  inclosed, 
a  label  containing  the  like  notice ;  and  in  any  suit  for  infringement, 
by  the  party  failing  so  to  mark,  no  damages  shall  be  recovered  by 
the  plaintiff,  except  on  proof  that  the  defendent  was  duly  notified 
of  the  infringement,  and  continued,  after  such  notice,  to  make,  use, 
or  vend  the  article  so  patented. 

SEC.  4901.  Every  person  who,  in  any  manner,  marks  upon  any- 
thing made,  used,  or  sold  by  him  for  which  he  has  not  obtained  a 
patent,  the  name  or  any  imitation  of  the  name  of  any  .person  who 
has  obtained  a  patent  therefor,  without  the  consent  of  such  patentee, 
or  his  assigns  or  legal  representatives;  or 

Who,  in  any  manner,  marks  upon  or  affixes  to  any  such  patented 
article  the  word  "  patent "  or  "patentee, "  or  the  words  "  letters 
patent ",  or  any  word  of  like  import,  with  intent  to  imitate  or  coun- 
terfeit the  mark  or  device  of  the  patentee,  without  having  the  license 
or  consent  of  such  patentee  or  his  assigns  or  legal  representatives ;  or 

Who,  in  any  manner,  marks  upon  or  affixes  to  any  unpatented 
article  the  word  "  patent "  or  any  word  importing  that  the  same  is 
patented,  for  the  purpose  of  deceiving  the  public,  shall  be  liable,  for 
every  such  offense,  to  a  penalty  of  not  less  than  one  hundred  dollars, 
with  costs;  one-half  of  said  penalty  to  the  person  who  shall  sue  for 
the  same,  and  the  other  to  the  use  of  the  United  States,  to  be  recov- 
ered by  suit  in  any  district  court  of  the  United  States  within  whose 
jurisdiction  such  offense  may  have  been  committed. 

Revised  Statutes,  Title  LX. 

SEC.  4902.  [This  section  provided  for  caveats,  and  was  repealed 
by  the  act  of  June  25,  1910  (ch.  414,  36  Stat.  L.?  843).] 

The  act  reads  : 

Be  it  enacted  ft?/  the  Senate  and  House  of  Representative  of  the  United  States  of 
America  in  Congress  assembled,  That  section  forty-nine  hundred  and  two  of  the  Revised 
Statutes  be,  and  the  same  is  hereby,  repealed. 

SEC.  2.  That  section  forty-nine  hundred  and  thirty-four  of  the  Revised  Statutes  ne 
amended  by  striking  out  the  following : 

"  On  filing  each  caveat,  ten  dollars." 

SBC.  3.  That  this  act  shall  take  effect  July  first,  nineteen  hundred  and  ten,  and  shall 
not  apply  to  any  caveat  filed  prior  to  said  date. 

Approved,  June  25,  1910. 


394  UNITED   STATES   OF   AMERICA. 

SEC.  4903.  Whenever,  on  examination,  any  claim  for  a  patent  is 
rejected,  the  commissioner  shall  notify  the  applicant  thereof,  giving 
him  briefly  the  reasons  for  such  rejection,  together  with  such  infor- 
mation and  references  as  may  be  useful  in  judging  of  the  propriety 
of  renewing  his  application  or  of  altering  his  specification;  and  if, 
after  receiving  such  notice,  the  applicant  persists  in  his  claim  for  a 
patent,  with  or  without  altering  his  specifications,  the  commissioner 
shall  order  a  reexamination  of  the  case. 

SEC.  4904.  Whenever  an  application  is  made  for  a  patent  which, 
in  the  opinion  of  the  commissioner,  would  interfere  with  any  pend- 
ing application,  or  with  any  unexpired  patent,  he  shall  give  notice 
thereof  to  the  applicants,  or  applicant  and  patentee,  as  the  case  may 
be,  and  shall  direct  the  primary  examiner  to  proceed  to  determine 
the  question  of  priority  of  invention.  And  the  commissioner  may 
issue  a  patent  to  the  party  who  is  adjudged  the  prior  inventor,  unless 
the  adverse  party  appeals  from  the  decision  of  the  primary  examiner, 
or  of  the  board  of  examiners  in  chief,  as  the  case  may  be,  within  such 
time,  not  less  than  twenty  days,  as  the  commissioner  shall  prescribe. 

SEC.  4905.  The  Commissioner  of  Patents  may  establish  rules  for 
taking  affidavits  and  depositions  required  in  cases  pending  in  the 
Patent  Office,  and  such  affidavits  and  depositions  may  be  taken  before 
any  officer  authorized  by  law  to  take  depositions  to  be  used  in  the 
courts  of  the  United  States  or  of  the  State  where  the  officer  resides. 

SEC.  4906.  The  clerk  of  any  court  of  the  United  States,  for  any 
district  or  Territory  wherein  testimony  is  to  be  taken  for  use  in  any 
contested  case  pending  in  the  Patent  Office,  shall,  upon  the  applica- 
tion of  any  party  thereto,  or  of  his  agent  or  attorney,  issue  a  subpoena 
for  any  witness  residing  or  being  within  such  district  or  Territory, 
commanding  him  to  appear  and  testify  before  any  officer  in  such 
district  or  Territory  authorized  to  take  depositions  and  affidavits,  at 
<iny  time  and  place  in  the  subpcena  stated.  But  no  witness  shall  be 
required  to  attend  at  any  place  more  than  40  miles  from  the  place 
where  the  subpoena  is  served  upon  him. 

SEC.  4907.  Every  witness  duly  subpoenaed  and  in  attendance  shall 
be  allowed  the  same  fees  as  are  allowed  to  witnesses  attending  the 
courts  of  the  United  States. 

SEC.  4908.  Whenever  any  witness,  after  being  duly  served  with 
such  subpoena,  neglects  or  refuses  to  appear,  or  after  appearing  re- 
fuses to  testify,  the  judge  of  the  court  whose  clerk  issued  the  sub- 
pcena may,  on  proof  of  such  neglect  or  refusal,  enforce  obedience  to 
the  process,  or  punish  the  disobedience,  as  in  other  like  cases.  But 
no  witness  shall  be  deemed  guilty  of  contempt  for  disobeying  such 
subpoena,  unless  his  fees  and  traveling  expenses  in  going  to,  returning 
from,  and  one  day's  attendance  at  the  place  of  examination,  are 


UNITED  STATES  OF  AMERICA.  395 

paid  or  tendered  him  at  the  time  of  the  service  of  the  subpoena ;  nor 
for  refusing  to  disclose  any  secret  invention  or  discovery  made  or 
owned  by  himself. 

SEC.  4909.  Every  applicant  for  a  patent  or  for  the  reissue  of  a 
patent,  any  of  the  claims  of  which  have  been  twice  rejected,  and 
every  party  to  an  interference,  may  appeal  from  the  decision  of  the 
primary  examiner,  or  of  the  examiner  in  charge  of  interferences  in 
such  case,  to  the  board  of  examiners  in  chief;  having  once  paid  the 
fee  for  such  appeal. 

SEC.  4910.  If  such  party  is  dissatisfied  with  the  decision  of  the 
examiners  in  chief,  he  may,  on  payment  of  the  fee  prescribed,  ap- 
peal to  the  commissioner  in  person. 

SEC.  4911.  If  such  party,  except  a  party  to  an  interference,  is  dis- 
satisfied with  the  decision  of  the  commissioner,  he  may  appeal  to  the 
Supreme  Court  of  the  District  of  Columbia,  sitting  in  bane.  (See 
sec.  9,  act  of  Feb.  9,  1893,  post,  p.  396.) 

SEC.  4912.  When  an  appeal  is  taken  to  the  Supreme  Court  of  the 
District  of  Columbia,  the  appellant  shall  give  notice  thereof  to  the 
commissioner,  and  file  in  the  Patent  Office,  within  such  time  as  tho 
commissioner  shall  appoint,  his  reasons  of  appeal,  specifically  set 
forth  in  writing. 

SEC.  4913.  The  court  shall,  before  hearing  such  appeal,  give  notice 
to  the  'commissioner  of  the  time  and  place  of  the  hearing,  and  on  re- 
ceiving such  notice  the  commissioner  shall  give  notice  of  such  time 
and  place,  in  such  manner  as  the  court  may  prescribe,  to  all  parties 
who  appear  to  be  interested  therein.  The  party  appealing  shall  lay 
before  the  court  certified  copies  of  all  the  original  papers  and  evi- 
dence in  the  case,  and  the  commissioner  shall  furnish  the  court  with 
the  grounds  of  his  decision,  fully  set  forth  in  writing,  touching  all 
the  points  involved  by  the  reasons  of  appeal.  And  at  the  request  of 
any  party  interested,  or  of  the  court,  the  commissioner  and  the  ex- 
aminers may  be  examined  under  oath,  in  explanation  of  the  prin- 
ciples of  the  thing  for  which  a  patent  is  demanded. 

SEC.  4914.  The  court,  on  petition,  shall  hear  and  determine  such 
appeal,  and  revise  the  decision  appealed  from  in  a  summary  way,  011 
the  evidence  produced  before  the  commissioner,  at  such  early  and 
convenient  time  as  the  court  may  appoint ;  and  the  revision  shall  be 
confined  to  the  points  set  forth  in  the  reasons  of  appeal.  After  hear- 
ing the  case  the  court  shall  return  to  the  commissioner  a  certificate  of 
its  proceedings  and  decision,  which  shall  be  entered  of  record  in  the 
Patent  Office,  and  shall  govern  the  further  proceedings  in  the  case. 
But  no  opinion  or  decision  of  the  court  in  any  such  case  shall  pre- 
clude any  person  interested  from  the  right  to  contest  the  validity  of 
such  patent  in  any  court  wherein  the  same  may  be  called  in  question. 


396  UNITED   STATES   OF   AMERICA. 

SEC.  4915.  Whenever  a  patent  on  application  is  refused,  either  by 
the  Commissioner  of  Patents  or  by  the  Supreme  Court  of  the  Dis- 
trict of  Columbia  upon  appeal  from  the  commission,  the  applicant 
may  have  remedy  by  bill  in  equity ;  and  the  court  having  cognizance 
thereof,  on  notice  to  adverse  parties  and  other  due  proceedings  had, 
may  adjudge  that  such  applicant  is  entitled,  according  to  law,  to 
receive  a  patent  for  his  invention,  as  specified  in  his  claim,  or  for 
any  part  thereof, .as  the  facts  in  the  case  may  appear.  And  such  adju- 
dication, if  it  be  in  favor  of  the  right  of  the  applicant,  shall  author- 
ize the  commissioner  to  issue  such  patent  on  the  applicant  filing  in  the 
Patent  Office  a  copy  of  the  adjudication,  and  otherwise  complying 
with  the  requirements  of  law.  In  all  cases,  where  there  is  no  oppos- 
ing party,  a  copy  of  the  bill  shall  be  served  on  the  commissioner ;  and 
all  the  expenses  of  the  proceeding  shall  be  paid  by  the  applicant, 
whether  the  final  decision  is  in  his  favor  or  not. 

.  A  ct  of  February  9,  1893. 

Be  it  enacted,  etc..  That  there  shall  be,  and  there  is  hereby,  estab- 
lished in  the  District  of -Columbia  a  court,  to  be  known  as  the  Court 
of  Appeals  of  the  District  of  Columbia,  which  shall  consist  of  one 
chief  justice  and  two  associate  justices,  who  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
shall  hold  office  during  good  behavior. 

SEC.  9.  That  the  determination  of  appeals  from  the  decision  of 
the  Commissioner  of  Patents,  now  vested  in  the  general  term  of  the 
Supreme  Court  of  the  District  of  Columbia,  in  pursuance  of  the  pro- 
visions of  section  780  of  the  Eevised  Statutes  of  the  United  States, 
relating  to  the  District  of  Columbia,  shall  hereafter  be,  and  the 
same  is  hereby,  vested  in  the  court  of  appeals  created  by  this  act; 
and  in  addition  any  party  aggrieved  by  a  decision  of  the  Commis- 
sioner of  Patents  in  any  interference  case  may  appeal  therefrom  to 
said  court  of  appeals. 

Act  of  March  3,  1911  (Judicial  Code}. 

SEC.  250.  Any  final  judgment  or  decree  of  the  Court  of  Appeals 
of  the  District  of  Columbia  may  be  reexamined  and  affirmed,  re- 
versed, or  modified  by  the  Supreme  Court  of  the  United  States,  upon 
writ  of  error  or  appeaj,  in  the  following  cases : 

First.  In  cases  in  which  the  jurisdiction  of  the  trial  court  is  in  is- 
sue; but  when  any  such  case  is  not  otherwise  reviewable  in  said 
Supreme  Court,  then  the  question  of  jurisdiction  alone  shall  be  certi- 
fied to  said  Supreme  Court  for  decision. 

Second.  In  prize  cases. 

Third.  In  cases  involving  the  construction  or  application  of  the 
Constitution  of  the*  United  States,  or  the  constitutionality  of  any 


UNITED   STATES   OF   AMERICA.  397 

law  of  the  United   States,  or  the  validity  or  construction  of  any 
treaty  made  under  its  authority. 

Fourth.  In  cases  in  which  the  constitution,  or  any  law  of  a  State, 
is  claimed  to  be  in  contravention  of  the  Constitution  of  the  United 
States. 

Fifth.  In  cases  in  which  the  validity  of  any  authority  exercised 
under  the  United  States,  or  the  existence  or  scope  of  any  power  or 
duty  of  an  officer  of  the  United  States  is  drawn  in  question. 

Sixth.  In  cases  in  which  the  construction  of  any  law  of  the  United 
States  is  drawn  in  question  by  the  defendant. 

Except  as  provided  in  the  next  succeeding  section,  the  judgments 
and  decrees  of  said  court  of  appeals  shall  be  final  in  all  cases  arising 
under  the  patent  laws,  the  copyright  laws,  the  revenue  lawrs,  the 
criminal  laws,  and  in  admiralty  cases,  and,  except  as  provided  in  the 
next  succeeding  section,  the  judgments  and  decrees  of  said  court  of 
appeals  shall  be  final  in  all  cases  not  re  viewable  as  hereinbefore  pro- 
vided. 

*  #  *  *  *  *  * 

SKC.  251.  In  any  case  in  which  the  judgment  or  decree  of  said 
court  of  appeals  is  made  final  by  the  section  last  preceding,  it  shall  be 
competent  for  the  Supreme  Court  of  the  United  States  to  require,  by 
certiorari  or  otherwise,  any  such  case  to  be  certified  to  it  for  its  re- 
view and  determination,  with  the  same  power  and  authority  in  the 
case  as  if  it  had  been  carried  by  writ  of  error  or  appeal  to  said 
Supreme  Court.  It  shall  also  be  competent  for  said  court  of  appeals, 
in  any  case  in  which  its  judgment  or  decree  is  made  final  under  the 
section  last  preceding,  at  any  time  to  certify  to  the  Supreme  Court 
of  the  United  States  any  questions  or  propositions  of  law  concerning 
which  it  desires  the  instruction  of  that  court  for  their  proper  deci- 
sion ;  and  thereupon  the  Supreme  Court  may  either  give  its  instruc- 
tion on  the  questions  and  propositions  certified  to  it,  which  shall  be 
binding  upon  said  court  of  appeals  in  such  case,  or  it  may  require 
that  the  whole  record  and  cause  be  sent  up  to  it  for  its  consideration, 
and  thereupon  shall  decide  the  whole  matter  in  controversy  in  the 
same  manner  as  if  it  had  been  brought  there  for  review  by  writ  of 
error  or  appeal. 

Revised  Statutes,  Title  LX. 

SEC.  4§16.  Whenever  any  patent  is  inoperative  or  invalid,  by  rea- 
son of  a  defective  or  insufficient  specification,  or  by  reason  of  the 
patentee  claiming  as  his  own  invention  or  discovery  more  than  he  had 
a  right  to  claim  as  new,  if  the  error  has  arisen  by  inadvertence,  acci- 
dent, or  mistake,  and  without  any  fraudulent  or  deceptive  intention, 


398  UNITED  STATES  OF  AMEBICA. 

the  commissioner  shall,  on  the  surrender  of  such  patent  and  the  pay- 
ment of  the  duty  required  by  law,  cause  a  new  patent  for  the  same 
invention,  and  in  accordance  with  the  corrected  specification,  to  be 
issued  to  the  patentee,  or,  in  case  of  his  death  or  of  an  assignment  of 
the  whole  or  any  undivided  part  of  the  original  patent,  then  to  his 
executors,  administrators,  or  assigns,  for  the  unexpired  part  of  the 
term  of  the  original  patent.  Such  surrender  shall  take  effect  upon 
the  issue  of  the  amended  patent.  The  commissioner  may,  in  his  dis- 
cretion, cause  several  patents  to  be  issued  for  distinct  and  separate 
parts  of  the  thing  patented,  upon  demand  of  the  applicant,  and  upon 
payment  of  the  required  fee  for  a  reissue  for  each  of  such  reissued 
letters  patent.  The  specifications  and  claim  in  every  such  case  shall 
be  subject  to  revision  and  restriction  in  the  same  manner  as  original 
applications  are.  Every  patent  so  reissued,  together  with  the  cor- 
rected specifications,  shall  have  the  same  effect  and  operation  in  law, 
on  the  trial  of  all  actions  for  causes  thereafter  arising,  as  if  the  same 
had  been  originally  filed  in  such  corrected  form ;  but  no  new  matter 
shall  be  introduced  into  the  specification,  nor  in  case  of  a  machine 
patent  shall  the  model  or  drawings  be  amended,  except  each  by  the 
other;  but  when  there  is  neither  model  nor  drawing,  amendments 
may  be  made  upon  proof  satisfactory  to  the  commissioner  that  such 
new  matter  or  amendment  was  a  part  of  the  original  invention,  and 
was  omitted  from  the  specification  by  inadvertence,  accident,  or  mis- 
take, as  aforesaid. 

SEC.  4917.  Whenever,  through  inadvertence,  accident,  or  mistake, 
and  without  any  fraudulent  or  deceptive  intention,  a  patentee  has 
claimed  more  than  that  of  which  he  was  the  original  or  first  inventor 
or  discoverer,  his  patent  shall  be  valid  for  all  that  part  which  is  truly 
and  justly  his  own,  provided  the  same  is  a  material  or  substantial 
part  of  the  thing  patented;  and  any  such  patentee,  his  heirs  or  as- 
signs, whether  of  the  whole  or  any  sectional  interest  therein, 
may,  on  payment  of  the  fee  required  by  law,  make  disclaimer  of 
such  parts  of  the  thing  patented  as  he  shall  not  choose  to  claim  or 
to  hold  by  virtue  of  the  patent  or  assignment,  stating  therein  the  ex- 
tent of  his  interest  in  such  patent.  Such  disclaimer  shall  be  in  writ- 
ing, attested  by  one  or  more  witnesses,  and  recorded  in  the  Patent 
Office;  and  it  shall  thereafter  be  considered  as  part  of  the  original 
specification  to  the  extent  of  the  interest  possessed  by  the  claimant 
and  by  those  claiming  under  him  after  the  record  thereof.  But  no 
such  disclaimer  shall  affect  any  action  pending  at  the  time  of  its  be- 
ing filed,  except  so  far  as  may  relate  to  the  question  of  unreasonable 
neglect  or  delay  in  filing  it. 

(See  sees.  973,  4922.) 


UNITED  STATES  OF   AMERICA.  399 

PATENT  LITIGATION. 

Act  of  March  3, 1911  (Judicial  Code}. 

SEC.  24.  The  district  courts  shall  have  original  jurisdiction  as  fol- 
lows : 

*  #  #  #  *  *  * 

Seventh.  Of  all  suits  at  law  or  in  equity  arising  under  the  patent, 
the  copyright,  and  the  trade-mark  laws. 

Supreme  Court  of  the  District  of  Columbia  in  patent  anises  has  district  court  jurisdic- 
tion.— Cochrane  r.  Deener,  94  IT.  S.,  780  ;  11  O.  G.,  687. 

SEC.  48.  In  suits  brought  for  the  infringement  of  letters  patent 
the  district  courts  of  the  United  States  shall  have  jurisdiction,  in 
law  or  in  equity,  in  the  district  of  which  the  defendant  is  an  inhabi- 
tant, or  in  any  district  in  which  the  defendant,  whether  a  person, 
partnership,  or  corporation,  shall  have  committed  acts  of  infringe- 
ment and  have  a  regular  and  established  place  of  business.  If  such 
suit  is  brought  in  a  district  of  which  the  defendant  is  not  an  inhabi- 
tant, but  in  which  such  defendant  has  a  regular  and  established  place 
of  business,  service  of  process,  summons,  or  subpoena  upon  the  defend- 
ant may  be  made  by  service  upon  the  agent  or  agents  engaged  in  con- 
ducting such  business  in  the  district  in  which  suit  is  brought. 

SEC.  128.  The  circuit  courts  of  appeals  shall  exercise  appellate 
jurisdiction  to  review  by  appeal  or  writ  of  error  final  decisions  in  the 
district  courts,  including  the  United  States  district  court  for  Hawaii, 
in  all  cases  other  than  those  in  which  appeals  and  writs  of  error  may 
be  taken  direct  to  the  Supreme  Court,  as  provided  in  section  238, 
unless  otherwise  provided  by  law;  and,  except  as  provided  in  sec- 
tions 239  and  240,  the  judgments  and  decrees  of  the  circuit  courts  of 
appeals  shall  be  final  in  all  cases  in  which  the  jurisdiction  is  depend- 
ent entirely  upon  the  opposite  parties  to  the  suit  or  controversy  being 
aliens  and  citizens  of  the  United  States,  or  citizens  of  different  States ; 
also  in  all  cases  arising  under  the  patent  laws,  under  the  copyright 
laws,  under  the  revenue  laws,  and  under  the  criminal  laws,  and  in 
admiralty  cases. 

SEC.  239.  In  any  case  within  its  appellate  jurisdiction,  as  defined 
in  section  128,  the  circuit  court  of  appeals  at  any  time  may  certify 
to  the  Supreme  Court  of  the  United  States  any  questions  or  propo- 
sitions of  law7  concerning  which  it  desires  the  instruction  of  that 
court  for  its  proper  decision ;  and  thereupon  the  Supreme  Court  may 
either  give  its  instruction  on  the  questions  and  propositions  certified 
to  it,  which  shall  be  binding  upon  the  circuit  court  of  appeals  in  such 
case,  or  it  may  require  that  the  whole  record  and  cause  be  sent  up  to 
it  for  its  consideration,  and  thereupon  shall  decide  the  whole  matter 
in  controversy  in  the  same  manner  as  if  it  had  been  brought  there 
for  review  by  writ  of  error  or  appeal. 
93169—19—26 


400  UNITED   STATES  OF   AMERICA. 

SEC.  240.  In  any  case,  civil  or  criminal,  in  which  the  judgment  or 
decree  of  the  circuit  court  of  appeals  is  made  final  by  the  provisions 
of  this  title,  it  shall  be  competent  for  the  Supreme  Court  to  require, 
by  certiorari  or  otherwise,  upon  the  petition  of  any  party  thereto,  any 
such  case  to  be  certified  to  the  Supreme  Court  for  its  review  and  de- 
termination, with  the  same  power  and  authority  in  the  case  as  if  it 
had  been  carried  by  appeal  or  writ  of  error  to  the  Supreme  Court. 

For  similar  provisions  as  to  cases  in  the  District  of  Columbia,  see  ante,  p.  397. 

SEC.  256.  The  jurisdiction  vested  in  the  courts  of  the  United  States 
in  the  cases  and  proceedings  hereinafter  mentioned,  shall  be  exclusive 
of  the  courts  of  the  several  States : 

******* 

Fifth.  Of  all  cases  arising  under  the  patent-right,  or  copyright 
laws  of  the  United  States. 

Revised  Statutes,  Title  LX. 

SEC.  4918.  Whenever  there  are  interfering  patents,  any  person  in- 
terested in  any  one  of  them,  or  in  the  working  of  the  invention 
claimed  under  either  of  them,  may  have  relief  against  the  interfer- 
ing patentee,  and  all,  parties  interested  under  him,  by  suit  in  equity 
against  the  owners  of  the  interfering  patent ;  and  the  court,  on  notice 
to  adverse  parties,  and  other  due  proceedings  had  according  to  the 
course  of  equity,  may  adjudge  and  declare  either  of  the  patents  void 
in  whole  or  in  part,  or  inoperative,  or  invalid  in  any  particular  part 
of  the  United  States,  according  to  the  interest  of  the  parties  in  the 
patent  or  the  invention  patented.  But  no  such  judgment  or  adjudica- 
tion shall  affect  the  right  of  any  person  except  the  parties  to  the  suit 
and  those  deriving  title  under  them  subsequent  to  the  rendition  of 
such  judgment. 

SEC.  4919.  Damages  for 'the  infringement  of  any  patent  may  be 
recovered  by  action  on  the  case,  in  the  name  of  the  party  interested 
either  as  patentee,  assignee,  or  grantee.  And  whenever  in  any  such 
action  a  verdict  is  rendered  for  the  plaintiff,  the  court  may  enter 
judgment  thereon  for  any  sum  above  the  amount  found  by  the  ver- 
dict as  the  actual  damages  sustained,  according  to  the  circumstances 
of  the  case,  not  exceeding  three  times  ^  the  amount  of  such  verdict, 
together  with  the  costs. 

Act  of  June  £5, 1910. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever  an 
invention  described  in  and  covered  by  a  patent  of  the  United  States 
shall  hereafter  be  used  by  the  United  States  without  license  of  the 


UNITED   STATES   OF   AMERICA.  401 

owner  thereof  or  lawful  right  to  use  the  same,  such  owner  may  re- 
cover reasonable  compensation  for  such  use  by  suit  in  the  Court  of 
Claims:  Provided,  however,  That  said  Court  of  Claims  shall  not 
entertain  a  suit  or  reward  compensation  under  the  provisions  of  this 
act  where  the  claim  for  compensation  is  based  on  the  use  by  the 
United  States  of  any  article  heretofore  .owned,  leased,  used  by,  or  in 
the  possession  of  the  United  States :  Provided  further,  That  in  any 
such  suit  the  United  States  may  avail  itself  of  any  and  all  defenses, 
general  or  special,  which  might  be  pleaded  by  a  defendant  in  an 
action  for  infringement,  as  set  forth  in  Title  LX  of  the  Revised 
Statutes,  or  otherwise:  And  provided  further,  That  the  benefits  of 
this  act  shall  not  inure  to  any  patentee  who,  when  he  makes  such 
claim,  is  in  the  employment  or  service  of  the  Government  of  the 
United  States,  or  the  assignee  of  any  such  patentee;  nor  shall  this 
act  apply  to  any  device  discovered  or  invented  by  such  employee 
during  the  time  of  his  employment  or  service. 

Revised  Statutes,  Title  XL. 

SEC.  4920.  In  any  action  for  infringement  the  defendant  may  plead 
the  general  .issue,  and,  having  given  notice  in  writing  to  the  plaintiff 
or  his  attorney  thirty  days  before,  may  prove  on  trial  any  one  or  more 
of  the  following  special  matters : 

First.  That  for  the  purpose  of  deceiving  the  public  the  description 
and  specification  filed  by  the  patentee  in  the  Patent  Office  was  made 
to  contain  less  than  the  whole  truth  relative  to  his  invention  or  dis- 
covery, or  more  than  is  necessary  to  produce  the  desired  effect;  or, 

Second.  That  he  had  surreptitiously  or  unjustly  obtained  the 
patent  for  that  which  was  in  fact  invented  by  another,  who  was  using 
reasonable  diligence  in  adapting  and  perfecting  the  same ;  or, 

Third.  That  it  has  been  patented  or  described  in  some  printed  pub- 
lication prior  to  his  supposed  invention  or  discovery  thereof,  or  more 
than  two  years  prior  to  his  application  for  a  patent  therefor ;  or, 

Fourth.  That  he  was  not  the  original  and  first  inventor  or  dis- 
coverer of  any  material  and  substantial  part  of  the  thing  patented; 
or, 

Fifth.  That  it  had  been  in  public  use  or  on  sale  in  this  country  for 
more  than  two  years  before  his  application  for  a  patent,  or  had  been 
abandoned  to  the  public. 

And  in  notices  as  to  proof  of  previous  invention,  knowledge,  or 
use  of  the  thing  patented,  the  defendant  shall  state  the  names  of  the 
patentees  and  the  dates  of  their  patents,  and  when  granted,  and  the 
names  and  residences  of  the  persons  alleged  to  have  invented  or  to 
have  had  the  prior  knowledge  of  the  thing  patented,  and  where  and 
by  whom  it  had  been  used;  and  if  any  one  or  more  of  the  special 


402  UNITED  STATES  OF  AMERICA. 

matters  alleged  shall  be  found  for  the  defendant,  judgment  shall  be 
rendered  for  him  with  costs.  And  the  like  defenses  may  be  pleaded 
in  any  suit  in  equity  for  relief  against  an  alleged  infringement ;  and 
proofs  of  the  same  may  be  given  upon  like  notice  in  the  answer  of 
the  defendant,  and  with  the  like  effect.  (See  note  following  sec. 
4886,  post,  p.  388.) 

Act  of  February  16,  1875. 

SEC.  2.  That  said  courts  [U.  S.  courts  having  jurisdiction  of  pat- 
ent cases]  when  sitting  in  equity  for  the  trial  of  patent  causes,  may 
impanel  a  jury  of  not  less  than  five  and  not  more  than  twelve  persons, 
subject  to  such  general  rules  in  the  premises  as  may,  from  time  to 
time,  be  mads  by  the  Supreme  Court,  and  submit  to  therq,  such  ques- 
tions of  fact  arising  in  such  cause  as  such  circuit  court  shall  deem 
expedient. 

And  the  verdict  of  such  jury  shall  be  treated  and  proceeded  upon 
in  the  same  manner  and  with  the  same  effect  as  in  the  case  of  issues 
sent  from  chancery  to  a  court  of  law  and  returned  with  such  findings. 

Revised  Statutes,  Title  LX. 

SEC.  4921.  The  several  courts  vested  with  jurisdiction  of  cases 
arising  under  the  patent  lawrs  shall  have  power  to  grant  injunctions 
according  to  the  course  and  principles  of  courts  of  equity,  to  prevent 
the  violation  of  any  right  secured  by  patent,  on  such  terms  as  the 
court  may  deem  reasonable ;  and  upon  a  decree  being  rendered  in  any 
such  case  for  an  infringement  the  complainant  shall  be  entitled  to 
recover,  in  addition  to  the  profits  to  be  accounted  for  by  the  defend- 
ant, the  damages  the  complainant  has  sustained  thereby;  and  the 
court  shall  assess  the  same  or  cause  the  same  to  be  assessed  under  its 
direction.  And  the  court  shall  have  the  same  power  to  increase  such 
damages,  in  its  discretion,  as  is  given  to  increase  the  damages  found 
by  verdicts  in  actions  in  the  nature  of  actions  of  trespass  upon  the 
case. 

But  in  any  suit  or  action  brought  for  the  infringement  of  any 
patent  there  shall  be  no  recovery  of  profits  or  damages  for  any 
infringement  committed  more  than  six  years  before  the  filing  of  the 
bill  of  complaint  or  the  issuing  of  the  writ  in  such  suit  or  action, 
and  this  provision  shall  apply  to  existing  causes  of  action. 

SEC.  4922.  Whenever,  through  inadvertence,  accident,  or  mistake, 
and  without  any  willful  default,  or  intent  to  defraud  or  mislead  the 
public,  a  patentee  has,  in  his  specification,  claimed  to  be  the  original 
and  first  inventor  or  discoverer  of  any  material  or  substantial  part  of 
the  thing  patented,  of  which  he  was  not  the  original  and  first  in- 
ventor or  discoverer,  every  such  patentee,  his  executors,  administra- 


UNITED   STATES   OF   AMERICA.  403 

tors,  and  assigns,  whether  of  the  whole  or  any  sectional  interest  in 
the  patent,  may  maintain  a  suit  at  law  or  in  equity,  for  the  infringe- 
ment of  any  part  thereof,  which  was  bona  fide  his  own,  if  it  is  a 
material  and  substantial  part  of  the  thing  patented,  and  definitely 
distinguishable  from  the  parts  claimed  without  right,  notwithstandr 
ing  the  specifications  may  embrace  more  than  that  of  which  the 
patentee  wras  the  first  inventor  or  discoverer.  But  in  every  such  case 
in  which  a  judgment  or  decree  shall  be  rendered  for  the  plaintiff, 
no  costs  shall  be  recovered  unless  the  proper  disclaimer  has  been 
entered  at  the  Patent  Office  before  the  commencement  of  the  suit. 
But  no  patentee  shall  be  entitled  to  the  benefits  of  this  section  if  he 
has  unreasonably  neglected  or  delayed  to  enter  a  disclaimer.  (See 
sees.  973,4917.)  " 

SEC.  4923.  Whenever  it  appears  that  a  patentee,  at  the  time  of 
making  his  application  for  the  patent,  believed  himself  to  be  the 
original  and  first  inventor  or  discoverer  of  the  thing  patented,  the 
same  shall  not  be  held  to  be  void  on  account  of  the  invention  or  dis- 
covery, or  any  part  thereof,  having  been  known  or  used  in  a  foreign 
country,  before  his  invention  or  discovery  thereof,  if  it  had  not  been 
patented  or  described  in  a  printed  publication. 

DESIGN    PATENTS. 

Revised  Statutes,  Title  LX. 

SEC.  4929.  Any  person  who  has  invented  any  new,  original,  and 
ornamental  design  for  an  article  of  manufacture,  not  known  or  used 
by  others  in  this  country  before  his  invention  thereof,  and  not  pat- 
ented or  described  in  any  printed  publication  in  this  or  any  foreign 
country  before  his  invention  thereof,  or  more  than  two  years  prior 
to  his  application,  and  not  in  public  use  or  on  sale  in  this  country 
for  more  than  two  years  prior  to  his  application,  unless  the  same  is 
proved  to  have  been  abandoned,  may,  upon  payment  of  tljie  fees 
required  by  law  and  other  due  proceedings  had,  the  same  as  in  cases 
of  invention  or  discoveries  covered  by  section  4886,  obtain  a  patent 
therefor. 

SEC.  4930.  The  commissioner  may  dispense  with  models  of  designs 
when  the  design  can  be  sufficiently  represented  by  drawings  or  photo- 
graphs. 

SEC.  4931.  Patents  for  designs  may  be  granted  for  the  term  of 
three  years  ar^d  six  months,  or  for  seven  years,  or  for  14  years,  as 
the  applicant  may,  in  his  application,  elect. 

SEC.  4933.  All  the  regulations  and  provisions  which  apply  to  ob- 
taining or  protecting  patents  for  inventions  or  discoveries  not  incon- 
sistent with  the  provisions  of  this  title  shall  apply  to  patents  for 
•designs. 


404  UNITED  STATES  OF  AMEEICA. 

Act  of  February  .£,  1887. 

Be  it  enacted,  etc.,  That  hereafter,  during  the  term  of  letters 
patent  for  a  design,  it  shall  be  unlawful  for  any  person  other  than 
the  owner  of  said  letters  patent,  without  the  license  of  such  owner, 
to  apply  the  design  secured  by  such  letters  patent,  or  any  colorable 
imitation  thereof,  to  any  article  of  manufacture  for  the  purpose  of 
sale,  or  to  sell  or  expose  for  sale  any  article  of  manufacture  to  which 
such  design  or  colorable  imitation  shall,  without  the  license  of  the 
owner,  have  been  applied,  knowing  that  the  same  has  been  so  applied. 
Any  person  violating  the  provisions,  or  either  of  them,  of  this  sec- 
tion, shall  be  liable  in  the  amount  of  $250;  and  in  case  the  total 
profit  made  by  him  from  the  manufacture  or  sale,  as  aforesaid,  of 
the  article  or  articles  to  which  the  design,  or  colorable  imitation 
thereof,  has  been  applied,  exceeds  the  sum  of  $250,  he  shall  be  fur- 
ther liable  for  the  excess  of  such  profit  over  and  above  the  sum  of 
$250 ;  and  the  full  amount  of  such  liability  may  be  recovered  by  the 
owner  of  the  letters  patent,  to  his  own  use,  in  any  circuit  court  of  the 
United  States  having  jurisdiction  of  the  parties,  either  by  action  at 
law  or  upon  a  bill  in  equity  for  an  injunction  to  restrain  such  in- 
fringement. 

SEC.  2.  That  nothing  in  this  act  contained  shall  prevent,  lessen, 
impeach,  or  avoid  any  remedy  at  law  or  in  equity  which  any  owner 
of  letters  patent  for  a  design,  aggrieved  by  the  infringement  of  the 
same,  might  have  had  if  this  act  had  not  been  passed ;  but  such  owner 
shall  not  twice  recover  the  profit  made  from  the  infringement. 

FEES. 

Revised  Statutes,  Title  LX. 

SEC.  4934.  The  following  shall  be  the  rates  for  patent  fees : 

On  filing  each  original  application  for  a  patent,  except  in  design 
cases,  $15. 

On  issuing  each  original  patent,  except  in  design  cases,  $20. 

In  design  cases:  For  three  years  and  six  months,  $10;  for  seven 
years,  $15 ;  for  14  years,  $30. 

On  every  application  for  the  reissue  of  a  patent,  $30. 

On  filing  each  disclaimer,  $10. 

*  *  *  *  *  *  #        „ 

On  an  appeal  for  the  first  time  from  the  primary  examiners  to  the 
examiners  in  chief,  $10. 

On  every  appeal  from  the  examiners  in  chief  to  the  Commissioner, 
$20. 

For  certified  copies  of  patents  and  other  papers,  including  certified 
printed  copies,  ten  cents  per  hundred  words. 


UNITED   STATES   OF   AMERICA.  405 

For  recording  every  assignment,  agreement,  power  of  attorney,  or 
other  paper,  of  300  words  or  under,  $1 ;  of  over  300  and  under  1,000 
words,  $2;  and  for  each  additional  1,000  words  or  fraction  thereof, 
$1. 

For  copies  of  drawings,  the  reasonable  cost  of  making  them. 

Appropriation  act  of  March  3, 1891. 

And  certified  copies  of  such  drawings  and  specifications  [drawings 
of  the  weekly  issue  of  patents,  of  designs,  trade-marks,  and  pending 
applications,  and  the  drawings  and  specifications  of  exhausted 
copies]  may  be  furnished  by  the  Commissioner  of  Patents  to  persons 
applying  therefor  upon  payment  of  the  present  rates  for  uncertified 
copies,  and  twenty-five  cents  additional  for  each  certification. 

Act  of  March  3,  1883. 

The  Secretary  of  the  Interior  and  the  Commissioner  of  Patents 
are  authorized  to  grant  any  officer  of  the  Government,  except  officers 
and  employees  of  the  Patent  Office,  a  patent  for  any  invention  of  the 
classes  mentioned  in  section  4886  of  the  Revised  Statutes  when  such 
invention  is  used  or  to  be  used  in  the  public  service,  without  the  pay- 
ment of  any  fee:  Provided,  That  the  applicant  in  his  application 
shall  state  that  the  invention  described  therein,  if  patented,  may  be 
used  by  the  Government,  or  any  of  its  officers  or  employees  in  prose- 
cution of  work  for  the  Government,  or  by  any  other  person  in  the 
United  States,  without  the  payment  to  him  of  any  royalty  thereon, 
which  stipulation  shall  be  included  in  the  patent. 

Revised  Statutes,  Title  LX. 

SEC.  4935.  Patent  fees  may  be  paid  to  the  Commissioner  of  Patents, 
or  to  the  Treasurer,  or  any  of  the  assistant  treasurers  of  the  United 
States,  or  to  any  of  the  designated  depositaries,  national  banks,  or 
receivers  of  public  money,  designated  by  the  Secretary  of  the  Treas- 
ury for  that  purpose;  and  such  officer  shall  give  the  depositor  a  re- 
ceipt or  certificate  of  deposit  therefor.  All  moneys  received  at  the 
Patent  Office,  for  any  purpose,  or  from  any  source  whatever,  shall 
be  paid  into  the  Treasury  as  received,  without  any  deduction  what- 
ever. 

SEC.  4936.  The  Treasurer  of  the  United  States  is  authorized  to  pay 
back  any  sum  or  sums  of  money  to  any  person  who  has  through 
mistake  paid  the  same  into  the  Treasury,  or  to  any  receiver  or 
depositary,  to  the  credit  of  the  Treasury,  as  for  fees  accruing  at  the 
Patent  Office,  upon  a  certificate  thereof  being  made  to  the  Treasurer 
by  the  Commissioner  of  Patents. 


406  UNITED   STATES  OF  AMERICA. 

APPROPRIATIONS. 

Act  of  August  23, 1912. 

Be  it  enacted  b'y  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  following 
sums  be,  and  the  same  are  hereby,  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  in  full  compensation 
for  the  service  of  the  fiscal  year  ending  June  30,  1913,  for  the  objects 
hereinafter  expressed,  namely: 

#:<••****# 

PATENT  OFFICE:  Commissioner  of  Patents,  $5,000;  first  assistant 
commissioner,  who  shall  perform  such  duties  pertaining  to  the  office 
of  commissioner  as  may  be  assigned  to  him  by  the  commissioner, 
$4;500;  assistant  commissioner,  who  shall  perform  such  duties  per- 
taining to  the  office  of  commissioner  as  may  be  assigned  to  him  by  the 
commissioner,  $3,500;  chief  clerk,  who  shall  be  qualified  to  act  as 
principal  examiner,  $3,000;  2  law  examiners,  at  $2,750  each;  3  ex- 
aminers in  chief,  at  $3,500  each ;  examiner  of  interferences,  $2,700 ; 
examiner  of  trade-marks  and  designs,  $2,700 ;  6  assistant  examiners 
of  trade-marks  and  designs,  at  $1,500  each;  examiner  of  classification, 
$3,600;  43  principal  examiners,  at  $2,700  each;  63  first  assistant  ex- 
aminers, at  $2,400  each ;  73  second  assistant  examiners,  at  $2,100  each ; 
88  third  assistant  examiners,  at  $1,800  each;  110  fourth  assistant  ex- 
aminers, at  $1,500  each ;  financial  clerk,  who  shall  give  bonds  in  such 
amount  as  the  Secretary  of  the  Interior  may  determine,  $2,250 ;  libra- 
rian, $2,000 ;  6  chiefs  of  division,  at  $2,000  each ;  3  assistant  chiefs  of 
division,  at  $1,800  each;  private  secretary,  to  be  selected  and  ap- 
pointed by  the  Commissioners  of  Patents,  $1,800 ;  translator  of  lan- 
guages, $1,800;  clerks — 9  of  class  four,  9  of  class  three,  17  of  class 
two,  130  of  class  one,  90  at  $1,000  each;  3  skilled  draftsmen,  at  $1,200 
each;  4  draftsmen,  at  $1,000  each;  messenger  and  property  clerk, 
$1,000;  90  copyists;  50  copyists,  at  $720  each;  4  messengers;  25  as- 
sistant messengers;  14  laborers,  at  $600  each;  45  laborers,  at  $480 
each;  40  messenger  boys,  at  $360  each;  in  all  $1,311,010. 

For  purchase  of  professional  and  scientific  books  and  expense  of 
transporting  publications  of  patents  issued  by  the  Patent  Office 
to  foreign  governments,  $2,500. 

For  purchase  of  law  and  other  reference  books,  $500. 

For  producing  copies  of  the  weekly  issue  of  patents,  designs,  and 
trade-marks ;  for  the  reproduction  of  copies  of  drawings  and  specifi- 
cations of  exhausted  patents  and  other  papers,  $140,000. 

For  investigating  the  question  of  the  public  use  or  sale  of  inven- 
tions for  two  years  or  more  prior  to  filing  applications  for  patents, 


UNITED  STATES  OF  AMERICA.  407 

and  such  other  questions  arising  in  connection  with  applications  for 
patents  as  may  be  deemed  necessary  by  the  Commissioner  of  Patents ; 
and  for  expense  attending  defense  of  suits  instituted  against  the 
Commissioner  of  Patents,  $500. 

For  the  share  of  the  United  States  in  the  expenses  of  conducting 
the  International  Bureau  at  Berne,  Switzerland,  $750. 


TRADE-MARK  LAWS  OF  THE  UNITED  STATES. 

ACT  OF  FEBRUARY  20,  1905   (AS  AMENDED). 

An  act  to  authorize  the  registration  of  trade-marks  used  in  commerce  with  for- 
eign nations  or  among  the  several  States  or  with  Indian  tribes,  and  to'^ITfb- 
tect  the  same. 

(As  amended  by  act  of  Feb.  18,  1909.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  owner  of 
a  trade-mark  used  in  commerce  with  foreign  nations,  or  among  the 
several  States,  or  with  Indian  tribes,  provided  such  owner  shall  be 
domiciled  within  the  territory  of  the  United  States,  or  resides  in  or 
is  located  in  any  foreign  country  which,  by  treaty,  convention,  or 
law.  affords  similar  privileges  to  the  citizens  of  the  United  States, 
may  obtain  registration  for  such  trade-mark  by  complying  with  the 
following  requirements:  First,  by  filing  in  the  Patent  Office  an  ap- 
plication therefor,  in  writing,  addressed  to  the  Commissioner  of 
Patents,  signed  by  the  applicant,  specifying  his  name,  domicile, 
location,  and  citizenship ;  the  class  of  merchandise  and  the  particular 
description  of  goods  comprised  in  such  class  to  which  the  trade- 
mark is  appropriated;  a  statement  of  the  mode  in  which  the  same 
is  applied  and  affixed  to  goods,  and  the  length  of  time  during  which 
the  trade-mark  has  been  used ;  a  description  of  the  trade-mark  itself 
shall  be  included,  if  desired  by  the  applicant  or  required  by  the  com- 
missioner, provided  such  description  is  of  a  character  to  meet  the  ap- 
proval of  the  commissioner.  With  this  statement  shall  be  filed  a 
drawing  of  the  trade-mark,  signed  by  the  applicant,  or  his  attorney, 
and  such  number  of  specimens  of  the  trade-mark  as  actually  used  as 
may  be  required  by  the  Commissioner  of  Patents.  Second,  by  paying 
into  the  Treasury  of  the  United  States  the  sum  of  ten  dollars,  and 
otherwise  complying  with  the  requirements  of  this  act  and  such 
regulations  as  may  be  prese-ribed  by  the  Commissioner  of  Patents. 

(As  amended  by  act  of  Feb.  18,  1909.) 

SEC.  2.  That  the  application  prescribed  in  the  foregoing  section,  in 
order  to  create  any  right  whatever  in  favor  of  the  party  filing  it, 
must  be  accompanied  by  a  written  declaration  verified  by  the  appli- 


408  UNITED  STATES  OF  AMERICA. 

cant,  or  by  a  member  of  the  firm  or  an  officer  of  the  corporation 
or  association  applying,  to  the  effect  that  the  applicant  believes 
himself  or  the  firm,  corporation,  or  association  in  whose  behalf  he 
makes  the  application  to  be  the  owner  of  the  trade-mark  sought  to 
be  registered,  and  that  no  other  person,  firm,  corporation,  or  asso- 
ciation, to  the  best  of  the  applicant's  knowledge  and  belief,  has  the 
right  to  use  such  trade-mark  in  the  United  States,  either  in  the 
identical  form  or  in  such  near  resemblance  thereto  as  might  be  cal- 
culated to  deceive ;  that  such  trade-mark  is  used  in  commerce  among 
the  several  States,  or  with  foreign  nations,  or  with  Indian  tribes,  and 
that  the  descripton  and  drawing  presented  truly  represent  the  trade- 
mark sought  to  be  registered.  If  the  applicant  resides  or  is  located 
in  a  foreign  country,  the  statement  required  shall,  in  addition  to  the 
foregoing,  set  forth  that  the  trade-mark  has  been  registered  by  the 
applicant,  or  that  an  application  for  the  registration  thereof  has 
been  filed  by  him  in  the  foreign  country  in  which  he  resides  or  is 
located,  and  shall  give  the  date  of  such  registration,  or  the  applica- 
tion therefor,  as  the  case  may  be,  except  that  in  the  application  in 
such  cases  it  shall  not  be  necessary  to  state  that  the  mark  has  been 
used  in  commerce  with  the  United  States  or  among  the  States  thereof . 
The  verification  required  by  this  section  may  be  made  before  any 
person  within  the  United  States  authorized  by  law  to  administer 
oaths,  or,  when  the  applicant  resides  in  a  foreign  country,  before  any 
minister,  charge  d'affaires,  consul,  or  commercial  agent  holding  com- 
mission under  fhe  Government  of  the  United  States,  or  before  any 
notary  public,  Judge,  or  magistrate  having  an  official  seal  and  author- 
ized to  administer  oaths  in  the  foreign  country  in  which  the  applicant 
may  be  whose  authority  shall  be  proved  by  a  certificate  of  a  diplo- 
matic or  consular  officer  of  the  United  States. 

SEC.  3.  That  every  applicant  for  registration  of  a  trade-mark,  or 
for  renewal  of  registration  of  a  trade-mark,  who  is  not  domiciled 
within  the  United  States,  shall  before  the  issuance  of  the  certificate  of 
registration,  as  hereinafter  provided  for,  designate,  by  a  notice  in 
writing,  filed  in  the  Patent  Office,  some  person  residing  within  the 
United  States  on  whom  process  or  notice  of  proceedings  affecting  the 
right  of  ownership  of  the  trade-mark  of  which  such  applicant  may 
claim  to  be  the  owner,  brought  under  the  provisions  of  this  act  or 
under  other  laws  of  the  United  States,  may  be  served,  with  the  same 
force  and  effect  as  if  served  upon  the  applicant  or  registrant  in  per- 
son. For  the  purposes  of  this  act  it  shall  be  deemed  sufficient  to 
serve  such  notice  upon  such  applicant,  registrant,  or  representative 
by  leaving  a  copy  of  such  process, or  notice  addressed  to  him  at  the 
last  address  of  which  the  Commissioner  of  Patents  has  been  notified. 

SEC.  4.  That  an  application  for  registration  of  a  trade-mark  filed 
in  this  country  by  any  person  who  has  previously  regularly  filed  in 


UNITED   STATES   OF   AMERICA.  409 

any  foreign  country  which,  by  treaty,  convention,  or  law,  affords 
similar  privileges  to  citizens  of  the  United  States  an  application  for 
registration  of  the  same  trade-mark  shall  be  accorded  the  same  force 
and  effect  as  would  be  accorded  to  the  same  application  if  filed  in  this 
country  on  the  date  on  which  application  for  registration  of  the  same 
trade-mark  was  first  filed  in  such  foreign  country:  Provided,  That 
such  application  is  filed  in  this  country  within  four  months  from  the 
date  on  which  the  application  was  first  filed  in  such  foreign  country : 
And  provided,  That  certificate  of  registration  shall  not  be  issued  for 
any  mark  for  registration  of  which  application  has  been  filed  by  an 
applicant  located  in  a  foreign  country  until  such  mark  has  been  actu- 
ally registered  by  the  applicant  in  the  country  in  which  he  is  located. 

(As  amended  by  act  of  Jan.  8,  1913.) 

SEC.  5.  That  no  mark  by  which  the  goods  of  the  owner  of  the  mark 
may  be  distinguished  from  other  goods  of  the  same  class  shall  be 
refused  registration  as  a  trade-mark  on  account  of  the  nature  of  such 
mark  unless  such  mark — 

(a)  Consists  of  or  comprises  immoral  or  scandalous  matter. 

(b)  Consists  of  or  comprises  the  flag  or  coat  of  arms  or  other 
insignia  of  the  United  States  or  any  simulation  thereof,  or  of  any 
State  or  municipality  or  of  any  foreign  nation,  or  of  any  design  or 
picture-  that  has  been  or  may  hereafter  be  adopted  by  any  fraternal 
society  as  its  emblem,  or  of  any  name,  distinguishing  mark,  char- 
acter, emblem,  colors,  flag,  or  banner  adopted  l>y  any  institution, 
organization,  club,  or  society  which  was  incorporated  in  any  State  in 
the  United  States  prior  to  the  date  of  the  adoption  and  use  by  the 
applicant:  Provided,  That  said  name,  distinguishing  mark,  char- 
acter, emblem,  colors,  flag,  or  banner  was  adopted  and  publicly  used 
by  said  institution,  organization,  club,  or  society  prior  to  the  date  of 
adoption  and  use   by   the  applicant:  Provided,  That  trade-marks 
which  are  identical  with  a  registered  or  known  trade-mark  owned  and 
in  use  by  another  and  appropriated  to  merchandise  of  the  same  de- 
scriptive properties,  or  which  so  nearly  resemble  a  registered  or 
known  trade-mark  owned  and  in  use  by  another  and  appropriated  to 
merchandise  of  the  same  descriptive  properties  as  to  be  likely  to 
cause  confusion  or  mistake  in  the  mind  of  the  public  or  to  deceive 
purchasers  shall  not  be  registered:  Provided,  That  no  mark  which 
consists  merely  in  the  name  of  an  individual,  firm,  corporation,  or 
association  not  written,  printed,  impressed,  or  woven  in  some  par- 
ticular or  distinctive  manner,  or  in  association  with  a  portrait  of  the 
individual,  or  merely  in  words  or  devices  which  are  descriptive  of  the 
goods  with  which  they  are  used,  or  of  the  character  or  quality  of 
such  goods,  or  merely  a  geographical  name  or  term,  shall  be  regis- 
tered under  the  terms  of  this  act:  Provided  further,  That  no  por- 


410  UNITED  STATES  OF  AMERICA. 

trait  of  a  living  individual  may  be  registered  as  a  trade -mark  except 
by  the  consent  of  such  individual,  evidenced  by  an  instrument  in 
writing:  And  provided  further,  That  nothing  herein  shall  prevent 
the  registration  of  any  mark  used  by  the  applicant  or  his  predeces- 
sors, or  by  those  from  whom  title  to  the  mark  is  derived,  in  com- 
merce with  foreign  nations  or  among  the  several  States  or  with  In- 
dian tribes  which  was  in  actual  and  exclusive  use  as  a  trade-mark 
of  the  applicant,  or  his  predecessors  from  whom  he  derived  title,  for 
ten  years  next  preceding  February  twentieth,  nineteen  hundred  and 
five:  Provided  further,  That  nothing  herein  shall  prevent  the  regis- 
tration of  a  trade-mark  otherwise  registrable  because  of  its  being  the 
name  of  the  applicant  or  a  portion  thereof. 

(As  amended  by  act  of  Mar.  2,  1907.) 

SEC.  6.  That  on  the  filing  of  an  application  for  registration  of  a 
tirade-mark  which  complies  with  the  requirements  of  this  act,  and  the 
payment  of  the  fees  herein  provided  for,  the  Commissioner  of  Patents 
shall  cause  an  examination  thereof  to  be  made;  and  if  on  such  exami- 
nation it  shall  appear  that  the  applicant  is  entitled  to  have  his  trade- 
mark registered  under  the  provisions  of  this  act,  the  commissioner 
shall  cause  the  mark  to  be  published  at  least  once  in  the  Official 
Qa^ette  of  the  Patent  Office.  Any  person  who  believes  he  would  be 
damaged  by  the  registration  of  a  mark  may  oppose  the  same  by  filing 
notice  of  opposition,  stating  the  grounds  therefor,  in  the  Patent  Office 
within  thirty  days  after  the  publication  of  the  mark  sought  to  be 
registered,  which  said  notice  of  opposition  shall  fye  verified  by  the 
person  filing  the  same  before  one  of  the  officers  mentioned  in  section 
two  of  this.  act.  An  opposition  may  be  filed  by  a  duly  authorized 
attorney,  but  such  opposition  shall  be  null  and  void  unless  verified  by 
the  opposer  within  a  reasonable  time  after  such  filing.  •  If  no  notice 
of  opposition  is  filled  within  said  time,  the  commissioner  shall  issue  a 
certificate  of  registration  therefor,  as  hereinafter  provided  for.  If 
on  examination  an  application  is  refused,  the  commissioner  shall 
notify  the  applicant,  giving  him  his  reasons  therefor. 

SEC.  7.  That  in  all  cases  where  notice  of  opposition  has  been  filed 
the  Commissioner  of  Patents  shall  notify  the  applicant  thereof  and 
the  grounds  therefor. 

Whenever  application  is  made  for  the  registration  of  a  trade-mark 
which  is  substantially  identical  with  a  trade-mark  appropriated  to 
goods  of  the  same  descriptive  properties.,  i;or  which  a  certificate  of 
registration  has  been  previously  issued  to,  another,  or  for  registration 
of  which  another  has  previously  made  application,  or  which  so  nearly 
resembles,  such  trade-mark,  or  a  known  trade-mark  owned  and  used 
by  another,  as,  in'tfee  opinion,  of  the.  commissioner,  tp  be  likely  to  be 
mistaken  theref or  by  the  public,  he  may  declare  that  an  interference 


UNITED   STATES  OF   AMERICA.  411 

exists  as  to  such  trade-mark,  and  in  every  case  of  interference  or 
opposition  to  registration  he  shall  direct  the  examiner  in  charge  of 
interferences  to  determine  the  question  of  the  right  of  registration  to 
such  trade-mark,  and  of  the  sufficiency  of  objections  to  registration, 
in  such  manner  and  upon  such  notice  to  those  interested  as  the  com- 
missioner may  by  rules  prescribe. 

The  commissioner  may  refuse  to  register  the  mark  against  the  reg- 
istration of  which  objection  is  filed,  or  may  refuse  to  register  both  of 
two  interfering  marks,  or  may  register  the  mark,  as  a  trade-mark, 
for  the  person  first  to  adopt  and  use  the  mark,  if  otherwise  entitled  to 
register  the  same,  unless  an  appeal  is  taken,  as  hereinafter  provided 
for,  from  his  decision,  by  a  party  interested  in  the  proceeding,  within 
such  time  (not  less  than  twenty  days)  as  the  commissioner  may 
prescribe. 

Sfic.  8.  That  every  applicant  for  the  registration  of  a  trade-mark, 
or  for  the  renewal  of  the  registration  of  a  trade-mark,  which  appli- 
cation is  refused,  or  a  party  to  an  interference  against  whom  a  deci- 
sion has  been  rendered,  or  a  party  who  has  filed  a  notice  of  opposition 
as  to  a  trade-mark,  may  appeal  from  the  decision  of  the  examiner  in 
charge  of  trade-marks,  or  the  examiner  in  charge  of  interferences,  as 
the  case  may  be,  to  the  commissioner  in  person,  having  once  paid  the 
fee  for  such  appeal. 

SEC:  9.  That  if  an  applicant  for  registration  of  a  trade-mark,  or  a 
party  to  an  interference  as  to  a  trade-mark,  or  a  paHy  who  has  filed 
opposition  to  the  registration  of  a  trade-mark,  or  a  party  to  an  appli- 
cation for  the  cancelation  of  the  registration  of  a  trade-mark,  is  dis- 
satisfied with  the  decision  of  the  Commissioner  of  Patents,  he  may 
appeal  to  the  court  of  appeals  of  the  District  of  Columbia,  on  com- 
plying with  the  conditions  required  in  case  of  an  appeal  from  the 
decision  of  the  commissioner  by  an  applicant  for  patent,  or  a  party 
to  an  interference  as  to  an  invention,  and  the  same  rules  of  practice 
and  procedure  shall  govern  in  every  stage  of  such  proceedings,  as  far 
as  the  same  may  be  applicable. 

Stc.  10.  That  every  registered  trade-mark,  and  every  mark  for 
the  registration  of  which  application  has  been  made,  together  with 
the  application  for  registration  of  the  same,  shall  be  assignable  in 
connection  with  the  good  will  of  the  business  in  which  the  mark  is 
used.  Such  assignment  must  be  by  an  instrument  in  writing  and 
duly  acknowledged  according  to  the  laws  of  the  country  or  State  in 
which  the  same  is  executed;  any  such  assignment  shall  be  void  as 
against  any  subsequent  purchaser  for  a  valuable  consideration,  with- 
out notice,  unless  it  is  recorded  in  the  Patent  Office  within  three 
months  from  date  thereof.  The  commissioner  shall  keep  a  record  of 
such  assignments. 


412  UNITED  STATES  OF  AMERICA. 

SEC.  11.  That  certificates  of  registration  of  trade-marks  shall  be 
issued  in  the  name  of  the  United  States  of  America,  under  the  seal 
of  the  Patent  Office,  and  shall  be  signed  by  the  Commissioner  of 
Patents,  and  a  record  thereof,  together  with  printed  copies  of  the 
drawing  and  statement  of  the  applicant,  shall  be  kept  in  books  for 
that  purpose.  The  certificate  shall  state  the  date  on  which  the  appli- 
cation for  registration  was  received  in  the  Patent  Office.  Certificates 
of  registration  of  trade-marks  may  be  issued  to  the  assignee  of  the 
applicant,  but  the  assignment  must  first  be  entered  of  record  in  the 
Patent  Office. 

Written  or  printed  copies  of  any  records,  books,-  papers,  or  draw- 
ings relating  to  trade-marks,  belonging  to  the  Patent  Office,  and  of 
certificates  of  registration,  authenticated  by  the  seal  of  the  Patent 
Office  and  certified  by  the  commissioner  thereof,  shall  be  evidence  in 
all  cases  wherein  the  originals  could  be  evidence;  and  any  person 
making  application  therefor  and  paying  the  fee  required  by  law  shall 
have  certified  copies  thereof. 

SEC.  12.  That  a  certificate  of  registration  shall  remain  in  force  for 
twenty  years,  except  that  in  the  case  of  trade-marks  previously  regis- 
tered in  a  foreign  country  such  certificates  shall  cease  to  be  in  force  on 
the  day  on  which  the  trade-mark  ceases  to  be  protected  in  such  foreign 
country,  and  shall  in  no  case  remain  in  force  more  than  twenty  years, 
unless  renewed.  Certificates  of  registration  may  be  from  time  to  time 
renewed  for  like  periods  on  payment  of  the  renewal  fees  required  by 
this  act,  upon  request  by  the  registrant,  his  legal  representatives,  or 
transferees  of  record  in  the  Patent  Office,  and  such  request  may  be 
made  at  any  time  not  more  than  six  months  prior  to  the  expiration  of 
the  period  for  which  the  certificates  of  registration  were  issued  or 
renewed.  Certificates  of  registration  in  force  at  the  date  at  which 
this  act  takes  effect  shall  remain  in  force  for  the  period  for  which 
they  were  issued,  but  shall  be  renewable  on  the  same  conditions  and 
for  the  same  periods  as  certificates  issued  under  the  provisions  of  this 
act,  and  when  so  renewed  shall  have  the  sam'e  force  and  effect  as  cer- 
tificates issued  under  this  act. 

SEC.  13.  That  whenever  any  person  shall  deem  himself  injured  by 
the  registration  of  a  trade-mark  in  the  Patent  Office  he  may  at  any 
time  apply  to  the  Commissioner  of  Patents  to  cancel  the  registration 
thereof.  The  commissioner  shall  refer  such  application  to  the  ex- 
aminer in  charge  of  interferences,  who  is  empowered  to  hear  and  de- 
termine this  question  and  who  shall  give  notice  thereof  to  the  regis- 
trant. If  it  appear  after  a  hearing  before  the  examiner  that  the  regis- 
trant was  not  entitled  to  the  use  of  the  mark  at  the  date  of  his  appli- 
cation for  registration  thereof,  or  that  the  mark  is  not  used  by  the 
registrant,  or  has  been  abondoned,  and  the  examiner  shall  so  decide, 
the  commissioner  shall  cancel  the  registration.  Appeal  may  be  taken 


UNITED   STATES   OF   AMERICA.  413 

to  the  commissioner  in  person  from  the  decision  of  examiner  of  in- 
terferences. 

SEC.  14.  That  the  following  shall  be  the  rates  for  trade-mark 
fees  : 

On  filing  each  original  application  for  registration  of  a  trade- 
mark, ten  dollars :  Provided,  That  an  application  for  registration  of 
a  trade-mark  pending  at  the  date  of  the  passage  of  this  act,  and  on 
which  certificate  of  registration  shall  not  have  issued  at  such  date, 
may,  at  the  option  of  the  applicant,  be  proceeded  with  and  registered 
under  the  provisions  of  this  act  without  the  payment  of  further  fee. 

On  filing  each  application  for  renewal  of  the  registration  of  a 
trade-mark,  ten  dollars. 

On  filing  notice  of  opposition  to  the  registration  of  a  trade-mark, 
ten  dollars. 

On  an  appeal  from  the  examiner  in  charge  of  trade-marks  to  the 
Commissioner  of  Patents,  fifteen  dollars. 

On  an  appeal  from  the  decision  of  the  examiner  in  charge  of  inter- 
ferences, awarding  ownership  of  a  trade-mark  or  canceling  the  reg- 
istration of  a  trade-mark,  to  the  Commissioner  of  Patents,  fifteen 
dollars. 

For  certified  and  uncertified  copies  of  certificates  of  registration 
and  other  papers,  and  for  recording  transfers  and  other  papers,  the 
same  fees  as  required  by  law  for  such  copies  of  patents  and  for  re- 
cording assignments  and  other  papers  relating  to  patents. 

SEC.  15.  That  sections  fort}7-nine  hundred  and  thirty-five  and 
forty-nine  hundred  and  thirty-six  of  the  Revised  Statutes,  relating 
to  the  payment  of  patent  fees  and  to  the  repayment  of  fees  paid  by 
mistake,  are  hereby  made  applicable  to  trade-mark  fees. 

SEC.  16.  That  the  registration  of  a  trade-mark  under  the  provisions 
of  this  act  shall  be  prima  facie  evidence  of  ownership.  Any  person 
who  shall,  without  the  consent  of  the  owner  thereof,  reproduce, 
counterfeit,  copy,  or  colorably  imitate  any  such  trade-mark  and  affix 
the  same  to  merchandise  of  substantially  the  same  descriptive  proper- 
ties as  those  set  forth  in  the  registration,  or  to  labels,  signs,  prints, 
packages,  wrappers,  or  receptacles  intended  to  be  used  upon  or  in 
connection  with  the  sale  of  merchandise  of  substantially  the  same  de- 
scriptive properties  as  those  set  forth  in  such  registration,  and  shall 
use,  or  shall  have  used,  such  reproduction,  counterfeit,  copy,  or  color- 
able imitation  in  commerce  among  the  several  States,  or  with  a 
foreign  nation,  or  with  the  Indian  tribes,  shall  be  liable  to  an  action 
for  damages  therefor  at  the  suit  of  the  owner  thereof ;  and  whenever 
in  any  such  action  a  verdict  is  rendered  for  the  plaintiff,  the  court 
may  enter  judgment  therein  for  any  sum  above  the  amount  found  by 
the  verdict  is  the  actual  damages,  according  to  the  circumstances  of 


414  UNITED  STATES  OF   AMERICA. 

the  case,  not  exceeding  three  times  the  amount  of  such  verdict,  to- 
gether with  the  costs. 

SEC.  17.  That  the  circuit  and  territorial  courts  of  the  United 
States  and  the  supreme  court  of  the  District  of  Columbia  shall  have 
original  jurisdiction,  and  the  circuit  courts  of  appeal  of  the  United 
States  and  the  court  of  appeals  of  the  District  of  Columbia  shall  have 
appellate  jurisdiction  of  all  suits  at  law  or  in  equity  respecting  trade- 
marks registered  in  accordance  with  the  provisions  of  this  act,  arising 
under  the  present  act,  without  regard  to  the  amount  in  controversy. 

SEC.  18.  That  writs  of  certiorafi  may  be  granted  by  the  Supreme 
Court  of  the  United  States  for  the  review  of  cases  arising  under  this 
act  in  the  same  manner  as  provided  for  patent  cases  by  the  act  cre- 
ating the  circuit  court  of  appeals. 

SEC.  19.  That  the  several  courts  vested  with  jurisdiction  of  cases 
arising  under  the  present  act  shall  have  power  to  grant  injunctions, 
according  to  the  course  and  principles  of  equity,  to  prevent  the  viola- 
tion of  any  right  of  the  owner  of  a  trade-mark  registered  under  this 
act,  on  such  terms  as  the  court  may  deem  reasonable;  and  upon  a 
decree  being  rendered  in  any  such  case  for  wrongful  use  of  a  trade- 
mark the  complainant  shall  be  entitled  to  recover,  in  addition  to  the 
profits  to  be  accounted  for  by  the  defendant,  the  damages  the  com- 
plainant has  sustained  thereby,  and  the  court  shall  assess  the  same  or 
cause  the  same  to  be  assessed  under  its  direction.  The  court  shall 
have  the  same  power  to  increase  such  damages,  in  its  discretion,  as  is 
given  by  section  sixteen  of  this  act  for  increasing  damages  found  by 
verdict  in  actions  of  law ;  and  in  assessing  profits  the  plaintiff  shall 
be  required  to  prove  defendant's  sales  only;  defendant  must  prove  all 
elements  of  cost  which  are  claimed. 

SEC.  20.  That  in  any  case  involving  the  right  to  a  trade-mark 
registered  in  accordance  with  the  provisions  of  this  act,  in  which 
the  verdict  has  been  found  for  the  plaintiff,  or  an  injunction  issued, 
the  court  may  order  that  all  labels,  signs,  prints,  packages,  wrap- 
pers, or  receptacles  in  the  possession  of  the  defendant,  bearing  the 
trade-mark  of  the  plaintiff  or  complainant,  or  any  reproduction,  coun- 
terfeit, copy,  or  colorable  imitation  thereof,  shall  be  delivered  up 
and  destroyed.  Any  injunction  that  may  be  granted  upon  hearing, 
after  notice  to  the  defendant,  to  prevent  the  violation  of  any  right 
of  the  owner  of  a  trade-mark  registered  in  accordance  with  the  pro- 
visions of  this  act,  by  any  circuit  court  of  the  United  States,  or  by  a 
judge  thereof,  may  be  served  on  the  parties  against  whom  such  in- 
junction may  be  granted  anywhere  in  the  United  States  where  they 
may  be  found,  and  shall  be  operative,  and  may  be  enforced  by  pro- 
ceedings to  punish  for  contempt,  or  otherwise,  by  the  court  by  which 
such  injunction  was  granted,  or  by  any  other  circuit  court,  or  judge 
thereof,  in  the  United  States,  or  by  the  supreme  court  of  the  Dis- 


UNITED   STATES  OF   AMERICA.  415 

trict  of  Columbia,  or  a  judge  thereof.  The  said  courts,  or  judges 
thereof,  shall  have  jurisdiction  to  enforce  said  injunction,  as  herein 
provided,  as  fully  as  if  the  injunction  had  been  granted  by  the  cir- 
cuit court  in  which  it  is  sought  to  be  enforced.  The  clerk  of  the 
court  or  judge  granting  the  injunction  shall,  when  required  to  do  so 
by  the  court  before  which  application  to  enforce  said  injunction  is 
made,  transfer  without  delay  to  said  court  a  certified  copy  of  all  the 
pa pei-s  on  which  the  said  injunction  wTas  granted  that  are  on  file  in 
his  office. 

SEC.  21.  That  no  action  or  suit  shall  be  maintained  under  the  pro- 
visions of  this  act  in  any  case  when  the  trade-mark  is  used  in  un- 
lawful business,  or  upon  any  article  injurious  in  itself,  or  which 
mark  has  been  used  with  the  design  of  deceiving  the  public  in  the 
purchase  of  merchandise,  or  has  been  abandoned,  or  upon  any  cer- 
tificate of  registration  fraudulently  obtained. 

SEC.  22.  That  whenever  there  are  interfering  registered  trade- 
marks, any  person  interested  in  any  one  of  them  may  have  relief 
against  the  interfering  registrant,  and  all  persons  interested  under 
him.  by  suit  in  equity  against  the  said  registrant ;  and  the  court,  on 
notice  to  adverse  parties  and  other  due  proceedings  had  according 
to  the  course  of  equity,  may  adjudge  and  declare  either  of  the  regis- 
trations void  in  whole  or  in  part  according  to  the  interest  of  the 
parties  in  the  trade-mark,  and  may  order  the  certificate  of  registra- 
tion to  bo  delivered  up  to  the  Commissioner  of  Patents  for  can- 
cellation. 

SEC.  23.  That  nothing  in  this  act  shall  prevent,  lessen,  impeach,  or 
avoid  any  remedy  at  law  or  in  equity  which  any  party  aggrieved  by 
any  wrongful  use  of  any  trade-mark  might  have  had  if  the  pro- 
visions of  this  act  had  not  been  passed. 

SEC.  24.  That  all  applications  for  registration  pending  in  the  office 
of  the  Commissioner  of  Patents  at  the  time  of  the  passage  of  this  act 
may  be  amended  with  a  view  to  bringing  them,  and  the  certificate 
issued  upon  such  applications,  under  its  provisions,  and  the  prosecu- 
tion of  such  applications  may  be  proceeded  with  under  the  pro- 
visions of  this  act. 

SEC.  25.  That  any  person  who  shall  procure  registration  of  a 
trade-mark,  or  entry  thereof,  in  the  office  of  the  Commissioner  of 
Patents  by  a  false  or  fraudulent  declaration  or  representation,  oral 
or  in  writing,  or  by  any  false  means,  shall  be  liable;  to  pay  any 
damages  sustained  in  consequence  thereof  to  the  injured  party,  to  be 
recovered  by  an  action  on  the  case. 

SEC.  26.  That  the  Commissioner  of  Patents  is  authorized  to  make 
rules  and  regulations,  not  inconsistent  with  law,  for  the  conduct  of 
proceedings  in  reference  to  the  registration  of  trade-marks  provided 
for  by  this  act. 

93169—19 27 


416  UNITED   STATES   OF   AMERICA. 

SEC.  27.  That  no  article  of  imported  merchandise  which  shall  copy 
or  simulate  the  name  of  any  domestic  manufacture,  or  manufacturer 
or  trader,  or  of  any  manufacturer  or  trader  located  in  any  foreign 
country  which,  by  treaty,  convention,  or  law  affords  similar  privi- 
leges to  citizens  of  the  United  States,  or  which  shall  copy  or  simu- 
late a  trade-mark  registered  in  accordance  with  the  provisions  of 
this  act  or  shall  bear  a  name  or  mark  calculated  to  induce  the  public 
to  believe  that  the  article  is  manufactured  in  the  United  States,'  or 
that  it  is  manufactured  in  any  foreign  country  or  locality  other  than 
the  country  or  locality  in  which  it  is  in  fact  manufactured,  shall  be 
admitted  to  entry  at  any  customhouse  of  the  United  States;  and,  in 
order  to  aid  the  officers  of  the  customs  in  enforcing  this  prohibition, 
any  domestic  manufacturer  or  trader,  and  any  foreign  manufacturer 
or  trader,  who  is  entitled  under  the  provisions  of  a  treaty,  conven- 
tion, declaration,  or  agreement  between  the  United  States  and  any 
foreign  country  to  the  advantages  afforded  by  law  to  citizens  of  the 
United  States  in  respect  to  trade-marks  and  commercial  names,  may 
require  his  name  and  residence,  and  the  name  of  the  locality  in  which 
his  goods  are  manufactured,  and  a  copy  of  the  certificate  of  regis- 
tration of  his  trade-mark,  issued  in  accordance  with  the  provisions 
of  this  act,  to  be  recorded  in  books  which  shall  be  kept  for  this  pur- 
pose in  the  Department  of  the  Treasury,  under  such  regulations  as 
the  Secretary  of  the  Treasury  shall  prescribe,  and  may  furnish  to 
the  department  facsimiles  of  his  name,  the  name  of  the  locality  in 
which  his  goods  are  manufactured,  or  of  his  registered  trade-mark; 
and  thereupon  the  Secretary  of  the  Treasury  shall  cause  one  or  more 
copies  of  the  same  to  be  transmitted  to  each  collector  or  other  proper 
officer  of  customs. 

SEC.  28.  That  is  shall  be  the  duty  of  the  registrant  to  give  notice 
to  the  public  that  a  trade-mark  is  registered,  either  by  affixing  thereon 
the  words  "Registered  in  U.  S.  Patent  Office,"  or  abbreviated  thus, 
"  Reg.  U.  S.  Pat.  Off.,"  or  when,  from  the  character  or  size  of  the 
trade-mark,  or  from  its  manner  of  attachment  to  the  article  to  which 
it  is  appropriated,  this  can  not  be  done,  then  by  affixing  a  label  con- 
taining a  like  notice  to  the  package  or  receptacle  wherein  the  article 
or  articles  are  inclosed ;  and  in  any  suit  for  infringement  by  a  party 
failing  so  to  give  notice  of  registration  no  damages  shall  be  re- 
covered, except  on  proof  that  the  defendant  was  duly  notified  of 
infringement  and  continued  the  same  after  such  notice. 

SEC.  29.  That  in  construing  this  act  the  following  rules  must  be 
observed,  except  where  the  contrary  intent  is  plainly  apparent  from 
the  context  thereof :  The  United  States  includes  and  embraces  all  ter- 
ritory which  is  under  the  jurisdiction  and  control  of  the  United 
States.  The  word  "  States "  includes  and  embraces  the  District  of 


UNITED   STATES   OF   AMERICA.  417 

Columbia,  the  Territories  of  the  United  States,  and  such  other  terri- 
tory as  shall  be  under  the  jurisdiction  and  control  of  the  United. 
States.  The  terms  "person"  and  "owner,"  and  any  other  word  or 
term  used  to  designate  the  applicant  or  other  entitled 'to  a  benefit  or 
privilege  or  rendered  liable  under  the  provisions  of  this  act,  include 
a  firm,  corporation,  or  association  as  well  as  a  natural  person.  The 
term  "applicant "  and  "  registrant "  embrace  the  successors  and  as- 
signs of  such  applicant  or  registrant.  The  term  "  trade-mark " 
includes  any  mark  which  is  entitled  to  registration  under  the  terms  of 
this  act,  and  whether  registered  or  not.  and  a  trade-mark  shall  be 
deemed  to  be  "  affixed  "  to  an  article  when  it  is  placed  in  any  manner 
in  or  upon  either  the  article  itself  or  the  receptacle  or  package  or 
upon  the  envelope  or  other  thing  in,  by,  or  with  which  the  goods  are 
packed  or  inclosed  or  otherwise  prepared  for  sale  or  distribution. 

SEC.  30.  That  this  act  shall  be  in  force  and  take  effect  April  first, 
nineteen  hundred  and  five.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed  except  so  far  as  the  same  may  apply 
to  certificates  of  registration  issued  under  the  act  of  Congress  ap- 
proved March  third,  eighteen  hundred  and  eighty-one,  entitled  "  An 
act  to  authorize  the  registration  of  trade-marks  and  protect  the  same," 
or  under  the  act  approved  August  fifth,  eighteen  hundred  and  eighty- 
two,  entitled  "An  act  relating  to  the  registration  of  trade-marks." 

Approved.  February  20,  1905. 


'  ACT  OF  MAY  4,  1906. 

An  Act  To  amend  the  laws  of  the  United  States  relating  to  the  registration  of 

trade-marks. 

******* 
SEC.  2.  That  the  Commissioner  of  Patents  shall  establish  classes 
of  merchandise  for  .the  pudpose  of  trade-mark  registration,  and  shall 
determine  the  particular  descriptions  of  goods  comprised  in  each 
class.  On  a  single  application  for  registration  of  a  trade-mark  the 
trade-mark  maybe  registered  at  the  option  of  the  applicant  for  any 
or  all  goods  upon  which  the  mark  has  actually  been  used  comprised 
in  a  single  class  of  merchandise,  provided  the  particular  descriptions 
of  goods  be  stated. 

SEC.  3.  That  any  owner  of  a  trade-mark  who  shall  have  a  manu- 
facturing establishment  within  the  territory  of  the  United  States 
shall  be  accorded,  so  far  as  the  registration  and  protection  of  trade- 
marks used  on  the  products  of  such  establishment  are  concerned,  the 
same  rights  and  privileges  that  are  accorded  to  owners  of  trade- 
marks domiciled  within  the  territory  of  the  United  States  by  the 


418  UNITED  STATES  OF   AMERICA. 

act  entitled  "  An  act  to  authorize  the  registration  of  trade-marks 
•used  in  commerce  with  foreign  nations  or  among  the  several  States 
or  with  Indian  tribes,  and  to  protect  the  same,"  approved  February 
twentieth,  nineteen  hundred  and  five. 

SEC.  4.  That  this  act  shall  take  effect  July  first,  nineteen  hundred 
and  six. 

Approved,  May  4,  1906. 


ACT  TO  INCORPORATE  THE  AMERICAN  NATIONAL  RED  CROSS,  APPROVED 
JANUARY  5,  1905  (AS  AMENDED  JUNE  23,  1910). 

SEC.  4.  That  from  and  after  the  passage  of  this  act  it  shall  be 
unlawful  for  any  person  within  the  jurisdiction  of  the  United  States 
to  falsely  or  fraudulently  hold  himself  out  as  or  represent  or  pretend 
himself  to  be  a  member  of  or  an  agent  for  the  American  National  Red 
Cross  for  the  purpose  of  soliciting,  collecting,  or  receiving  money  or 
material;  or  for  any  person  to  wear  or  display  the  sign  of  the  Red 
Cross  or  any  insignia  colored  in  imitation  thereof  for  the  fraudulent 
purpose  of  inducing  the  belief  that  he  is  a  member  of  or  an  agent  for 
the  American  National  Red  Cross.  It  shall  be  unlawful  for  any 
person,  corporation,  or  association  other  than  the  American  National 
Red  Cross  and  its  duly  authorized  employees  and  agents  and  the 
Army  and  Navy  sanitary  and  hospital  authorities  of  the  United 
States,  for  the  purpose  of  trade  or  as  an  advertisement,  to  induce  the 
sale  of  any  article  whatsoever  or  for  any  business  or  charitable  pur- 
pose to  use  within  the  territory  of  the  United  States  of  America  and 
its  exterior  possessions  the  emblem  of  the  Greek  Red  Cross  on  a 
white  ground,  or  any  sign  or  insignia  made  or  colored  in  imitation 
thereof,  or  of  the  words  "  Red  Cross  "  or  "  Geneva  Cross "  or  any 
combination  of  these  words :  Provided,  however,  That  no  person,  cor- 
poration, or  association  that  actually  used  or  whose  assignor  actually 
used  the  said  emblem,  sign,  insignia,  or  words  for  any  lawful  purpose 
prior  to  January  fifth,  nineteen  hundred  and  five,  shall  be  deemed 
forbidden  by  this  act  to  continue  the  use  thereof  for  the  same  purpose 
and  for  the  same  class  of  goods.  If  any  person  violates  the  provision 
of  this  section  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  in  any  Federal  court  shall  be  liable  to  a  fine  of  not  less 
than  one  or  more  than  five  hundred  dollars,  or  imprisonment  for  a 
term  not  exceeding  one  year,  or  both,  for  each  and  every  offense. 
*  *  *  *  *  *  * 

SEC.  8.  That  the  endowment  fund  of  the  American  National  Red 
Cross  shall  be  kept  and  invested  under  the  management  and  control 
of  a  board  of  nine  trustees,  who  shall  be  elected  from  time  to  time 
by  the  incorporators  and  their  successors  under  such  regulations  re- 


UNITED  STATES  OF  AMEBJCA.  419 

garding  terms  and  tenure  of  office,  accountability,  and  expense  as 
said  incorporators  and  successors  shall  prescribe. 
Approved,  June  23,  1910. 


UNITED   STATES   OF   AMERICA— WAR    LEGISLATION. 

PATENTS — RUIZES — WITHDRAWAL  FROM  ISSUE. 
207  O.  G.,  612. 

[Order  No.  2158.] 

DEPARTMENT  OF  THE  INTERIOR, 
UNITED  STATES  PATENT  OFFICE, 
Washington,  D.  C.,  October  9,  1914. 

Acting  under  the  provisions  of  section  483  of  the  Revised  Statutes 
and  with  the  approval  of  the  Secretary  of  the  Interior,  rule  165  of 
the  Rules  of  Practice  of  the  United  States  Patent  Office  is  amended 
by  adding  the  following: 

In  view  of  the  conditions  arising  from  the  European  war,  the  provision  that 
an  application  will  not  be  withdrawn  from  issue  after  the  case  has  received 
its  date  and  number  •"  for  the  purpose  of  enabling  the  inventor  to  procure  a 
foreign  patent "  will  not  be  insisted  upon  and  upon  a  proper  showing  such  an 
application  may  be  withdrawn  from  issue  until  the  foreign  applications  can 
be  filed. 

This  amendment  of  the  rule  will  be  in  force  for  one  year  from  the  date  of 
its  approval  by  the  Secretary  of  the  Interior. 

So  that  the  rule  as  amended  will  read  as  follows : 

165.  After  notice  of  the  allowance  of  an  application  is  given,  the  case  will 
not  be  withdrawn  from  issue  except  by  approval  of  the  commissioner,  and  if 
withdrawn  for  further  action  on  the  part  of  the  office  a  new  notice  of  allow- 
ance will  be  given.  When  the  final  fee  has  been  paid  upon  an  application  for 
letters  patent,  and  the  case  has  received  its  date  and  number,  it  will  not  be 
withdrawn  or  suspended  from  issue  on  account  of  any  mistake  or  change  of 
purpose  of  the  applicant  or  his  attorney,  nor  for  the  purpose  of  enabling  the 
inventor  to  procure  a  foreign  patent,  nor  for  any  other  reasons  except  mistake 
on  the  part  of  the  office,  or  because  of  fraud,  or  illegality  in  the  application, 
or  for  interference.  (See  Rule  78.) 

In  view  of  the  conditions  arising  from  the  European  war,  the  provision  that 
an  application  will  not  be  withdrawn  from  issue  after  the  case  has  received 
its  date  and  number  "  for  the  purpose  of  enabling  the  inventor  to  procure  a 
foreign  patent "  will  not  be  insisted  upon  and  upon  a  proper  showing  such  an 
application  may  be  withdrawn  from  issue  until  the  foreign  applications  can 
be  filed. 

This  amendment  of  the  rule  will  be  in  force  for  one  year  from  the  date  of 
its  approval  by  the  Secretary  of  the  Interior. 

This  amendment  will  be  in  force  for  one  year  from  October  8, 
1914. 

(Signed)  THOMAS  EWING, 

Commissioner. 


420  UNITED  STATES  OF  AMERICA. 

PATENTS — TRADE-MARKS — PRINTS— LABELS — APPLICATIONS — FEES — 
RECIPROCAL  EXTENSION  or  TERMS — ACT  OF  JULY  17,  1916. 

An  act  to  extend  temporarily  the  time  for  filing  applications  and  fees 
and  taking  action  in  the  United  States  Patent  Office  in  favor  of 
nations  granting  reciprocal  rights  to  United  States  citizens. 

Be  it  enacted  l>y  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  any  applicant 
for  letters  patent  or  for  the  registration  of  any  trade-mark,  print* 
or  label,  being  within  the  provisions  of  this  act,  if  unable  on  account 
of  the  existing  and  continuing  state  of  war  to  file  any  application  or 
pay  any  official  fee  or  take  any  required  action  within  the  period  now 
limited  by  law,  shall  be  granted  an  extension  of  nine  months  beyond 
the  expiration  of  said  period. 

SEC.  2.  That  the  provisions  of  this  act  shall  be  limited  to  citizens 
or  subjects  of  countries  which  extend  substantially  similar  privileges 
to  the  citizens  of  the  United  States,  and  no  extension  shall  be  granted 
under  this  act  to  the  citizens  or  subjects  of  any  country  while  said 
country  is  at  \var  with  the  United  States. 

SEC.  3.  That  this  act  shall  be  operative  to  relieve  from  default 
under  existing  law  occurring  since  August  1,  1914,  and  before  the  1st 
day  of  January,  1918,  and  all  applications  and  letters  patent  and 
registrations  in  the  filing  or  prosecution  whereof  default  has  occurred 
for  which  this  act  grants  relief  shall  have  the  same  force  and  effect 
as  if  said  default  had  not  occurred. 

Approved  August  IT,  1916. 


UNITED  STATES  PRACTICE. 

PATENTS — APPLICATIONS — RECIPROCAL  EXTENSION  OF  TIME  UNDER 
ACT  OF  AUGUST  17,  1916 — BELGIUM,  SWEDEN,  DENMARK,  GREAT 
BRITAIN,  GERMANY,  FRANCE,  SWITZERLAND,  SPAIN,  AND  HUN- 
GARY— COMMISSIONER'S  DECISIONS. 

[233  O.  G.,  351— Commissioner's  decisions.] 
Ex  PARTE   DURANT. 

[Decided  October  16,  1916.~\ 

PAYMENT    OF    FINAL    FEE. 

Extension  of  Time  Under  Act  of  August  IT,  1916 — Reciprocal  Privi- 
leges. 

Held  that  the  Belgian  Government  grants  to  citizens  of  the  United 
States  substantially  "  similar  privileges  "  within  the  meaning  of  the 
act  of  August  IT.  1916. 


UNITED   STATES  OF   AMERICA.  421 

On  petition.    Wind  instrument. 

Mr.  Henri  Van  Oldenneel  and  Mr.  W.  H.  Berrigan  for  the  appli- 
cant. 

EWING,  Commissioner: 

This  is  a  petition  that  a  final  fee  paid  September  20,  1916,  six 
months  and  five  days  after  the  expiration  of  the  six  months  from  the 
notice  of  allowance,  be  accepted  under  the  provisions  of  the  act  of 
August  17.  1916. 

Applicant  is  a  subject  of  the  King  of  Belgium.  The  Belgian  Gov- 
ernment has  issued  certain  decrees  which  are  published  in  volume 
206  of  the  Official  Gazette  (p.  1439) ;  volume  209,  Official  Gazette  (p. 
318)  ;  volume  210,  Official  Gazette  (p.  718). 

The  extensions  indicated  therein  are  believed  to  conform  fully  with 
the  requirements  of  the  statute  that  reciprocal  privileges  be  granted 
to  citizens  of  this  country. 

The  showing  made  is  held  to  establish  that  the  failure  to  pay  the 
final  fee  within  the  six  months  period  was  due  to  the  existing  and 
continuing  state  of  war,  and  it  is  directed  that  it  be  accepted. 


Ex  PARTE  Ex  BERG. 

[Decided  October  16,  1916.] 
PAYMENT  OF  FINAL  FEE. 

Extension  of  Time  Under  Act  of  August  17,  1916 — Reciprocal  Privi- 
leges. 

Held  that  the  Swedish  Government  grants  to  citizens  of  the  United 
States  substantially  "  similar  privileges  "  within  the  meaning  of  the 
act  of  August  17,  1916. 

On  petition. 

Calculating  machine,  cash  register,  and  the  like. 

Mr.  Henri  Van  Oldenneel  for  the  applicant. 
EWING,  Commissioner: 

This  is  a  petition  that  the  final  fee,  which  was  paid  September  20, 
1916.  two  months  and  twelve  days  after  the  expiration  of  the  six 
months  from  the  date  of  the  notice  of  allowance,  be  accepted  under 
the  provisions  of  the  act  of  August  17,  1916. 

Applicant  is  a  subject  of  the  King  of  Sweden.  The  Swedish 
Government  has  issued  certain  ordinances  which  are  published  in 
the  Official  Gazette  (vol.  219,  p.  273;  vol.  220,  p.  1046).  (The  limit 
set  in  the  last  order  was  subsequently  extended.) 

The  extensions  indicated  therein  are  believed  to  conform  fully 
with  the  requirements  of  the  act  of  August  17,  1916,  that  reciprocal 
privileges  be  granted  to  citizens  of  this  country. 


422  UNITED  STATES  OF   AMERICA. 

The  showing  made  is  held  to  establish  that  the  failure  to  pay  the 
fee  within  the  six  months  was  due  to  the  existing  and  continuing 
state  of  war,  and  it  is  directed  that  it  be  accepted.  !•«.«•> 


Ex  PARTE  FISHER. 

[Decided  November  17, 

FILING  DATE. 

Extension  of  Time  Under  Act  of  August  17,  1916 — Keciprocal  Privi- 
leges. 

Held  that  the  Danish  law  grants  to  citizens  of  the  United  States 
substantially  "  similar  privileges  "  within  the  meaning  of  the  act  of 
August  17,  1916. 
EWING,  Commissioner: 

Applicant  is  a  subject  of  the  King  of  Denmark.  The  Danish  law 
and  the  orders  issued  under  the  authority  thereof  (see  208  O.  G.,  986; 
210  O.  G.,  719,  and  La  Propriete  Indiistrielle,  1916,  65)  grant  to 
citizens  of  the  United  States  substantially  "similar  privileges" 
within  the  meaning  of  the  act  of  August  17,  1916. 

As  the  application  was  mailed  when  the  war  had  not  been  in  prog- 
ress more  than  three  months  and  the  delay  in  the  mails  not  so  great 
as  at  present,  it  could  reasonably  have  been  expected  that  it  would 
be  received  by  the  office  within  the  period  fixed  by  section  4887  of 
the  Revised  Statutes.  The  failure  to  file  the  application  within  that 
period  is  therefore  held  to  have  been  due  to  the  "  existing  and  con- 
tinuing state  of  war." 

The  patent  granted  on  applicant's  Danish  application  will  there- 
fore not  bar  the  grant  of  a  patent  in  this  country. 

Ex  PARTE  FOLET  AND  BAKER. 

[Decided  October  16,  1916.] 

1.  Extension  of  Time  Under  Act  of  August  17,  1916 — Reciprocal 
Privileges. 

Held  that  the  British  GoA^ernment  grants  to  citizens  of  the  United 
States  substantially  "  similar  privileges  "  within  the  meaning  of  the 
net  of  August  17, 1916. 

2.  Same — Delay  due  to  war. 

Where  the  failure  to  receive  arid  file  the  application  within  a  year 
of  the  date  of  the  British  application  was  showix  to  be  due  to  failure 
in  the  mails,  and  possibly  to  the  sinking  of  a  mail  steamer,  Held  that 
the  delay  would  be  regarded  as  4ue  to  the  war. 


UNITED   STATES  OF   AMERICA.  423 

On  petition. 
Detachable  or  interchangeable  wheel  for  motor  vehicles  and  the  like. 

Mr.  Berthold  Singer  for  the  applicants. 
EWING,  Commissioner. 

This  application  was  filed  more  than  12  months  after  the  filing  of 
the  British  application  on  January  28,  1915.  Applicants  request  that 
they  be  given  the  benefit  of  the  act  of  August  17,  1916,  extending  the 
time  for  filing  applications  and  fees. 

Applicants  are  subjects  of  the  King  of  Great  Britain. 

Under  the  provisions  of  section  1  of  the  patents,  designs,  and  trade- 
marks (temporary  rules)  act  of  1914  the  British  Board  of  Trade 
issued  certain  rules  which  are  published  in  Volume  209  of  the  Official 
Gazette  (p.  1054). 

The 'extensions  indicated  therein  are  believed  to  conform  fully  with 
the  requirements  of  the  statutes  that  reciprocal  privileges  be  granted 
to  citizens  of  this  country. 

Concerning  the  question  of  the  failure  to  file  within  12  months  of 
the  filing  of  the  British  application  the  British  attorney  in  an  affi- 
davit accompanying  the  present  application  states  that  the  necessary 
application  papers  were  prepared  and  dispatched  on  August  17,  1915, 
to  the  present  attorney ;  that  a  letter  was  written  to  him  on  the  same 
date  calling  attention  to  the  importance  of  filing  the  application  as 
early  as  possible;  and  that  no  response  was  ever  received  to  this 
communication.  He  also  states  that  he  is  aware  that  on  August  19, 
1915,  the  Arabic, .which  carried  American  mails,  was  sunk  off  the 
Irish  coast. 

An  affidavit  has  also  been  filed  of  the  file  clerk  of  the  present  at- 
torney, who  states  that  the  records  of  his  office  do  not  show  the 
receipt  of  the  letter  above  referred  to. 

The  statements  above  made  are  deemed  sufficient  to  establish  that 
the  failure  to  file  the  application  within  the  period  fixed  by  section 
4887.  was  due  to  the  existing  and  continuing  state  of  war,  and  as  the 
application  was  filed  within  nine  months  from  the  expiration  of 
that  period  the  British  patent  will  not  bar  the  grant  of  a  patent  in 
this  country. 

Ex  PARTE  JUNG. 
[Decided  October  16,  1916.] 
PAYMENT  OF  FINAL  FEE. 

1.  Extension  of  Time  Under  Act  of  August   17,  1916 — Reciprocal 

Privileges. 

Held,  That  the  German  Government  grants  to  citizens  of  the 
United  States  substantially  "  similar  privileges  "  within  the  meaning 
of  the  act  of  August  17,  1916. 


424  UNITED  STATES  OF   AMERICA. 

2.  Same — Delay  due  to  war. 

Where  it  appears  that  a  letter  was  sent  to  the  German  attorney 
three  months  before  the  time  for  paying  the  final  fee  expired,  but  was 
lost  in  the  mails,  and  that  the  instructions  to  pay  the  fee  were  mailed 
more  than  a  month  before  the  time  expired :  Held,  That  the  delay 
would  be  regarded  as  due  to  the  war. 

On  petition.    Shaping  machine. 

Mr.  B.  Singer,  for  the  applicant. 
E WIN  G,  Commissiwi  er : 

This  is  a  petition  that  the  final  fee,  which  was  paid  September  26y 
1916,  eight  days  after  the  expiration  of  the  six  months  from  the  date 
of  the  notice  of  allowance,  be  accepted  under  the  provisions  of  the  act 
of  August  IT,  1916. 

Applicant  is  a  subject  of  the  Emperor  of  Germany.  The  German 
Government  has  issued  certain  orders,  which  are  published  in  the 
Official  Gazette  (vol.  208,  p.  239;  vol.  209,  p.  1318;  vol.  215,  p.  979). 
(The  limit  set  in  the  last  order  was  subsequently  indefinitely  ex- 
tended.) 

The  extensions  indicated  therein  are  believed  to  conform  fully 
with  the  requirement  of  the  statute  that  reciprocal  privileges  be 
granted  to  citizens  of  this  country. 

It  appears  from  the  affidavit  filed  in  support  of  the  petition  that 
the  attorney  of  record  wrote  to  applicant's  German  attorney  on 
March  20, 1916,  notifying  him  that  the  application  had  been  allowed; 
that  he  wrote  again  on  June  IT,  1916,  calling  attention  to  the  fact 
that  the  final  fee  was  due  September  18,  1916,  and  that  on  Septem- 
ber 25,  1916,  he  received  a  letter  from  the  German  attorney,  dated 
August  12,  1916,  stating  that  no  communication  had  been  received 
since  the  letter  of  March  20,  1916,  and  directing  the  payment  of  the 
final  fee. 

In  view  of  the  nonreceipt  of  the  attorney's  letter  of  June  IT,  1916, 
and  the  fact  that  the  directions  to  pay  the  final  fee  were  mailed 
more  than  a  month  prior  to  the  expiration  of  the  six  months  period, 
it  is  held  that  the  failure  to  pay  the  final  fee  within  that  period  was 
due  to  the  existing  and  continuing  state  of  war,  and  it  is  directed 
that  it  be  accepted. 

Ex  PARTE  RAVIER. 

[Decided  October  16,  1916.} 
APPLICANT'S  SIGNATURE. 

1.  Extension  of  Time  Under  Act  of  August  IT,  1916 — Reciprocal 

Privileges. 

Held,  That  the  French  Government  grants  to  citizens  of  the  United 
States  substantially  "similar  privileges"  within  the  meaning  of  the 
act  of  August  IT,  1916. 


UNITED   STATES   OF   AMERICA.  425 

2.  Same — Delay  Due  to  War. 

Where  it  appeared  that  the  applicant  was  in  the  French  Navy  and 
that  his  signature  to  the  United  States  application  could  not  be  ob- 
tained until  very  shortly  before  expiration  of  the  year  following  the 
French  filing  date,  Held  that  the  delay  would  be  regarded  as  due  to 
the  war. 

On  petition. 

Works  such  as  retaining  walls,  piers,  and  wharfs. 

Mr.  John  Imirie  for  the  applicant. 
EWING,  Commissioner: 

Applicant  is  a  citizen  of  France.  The  French  Government  has 
passed  a  law  (La  Propriete  Industrielle,  1915,  p.  66)  which  reads  in 
part  as  follows : 

ART.  5.  The  provisions  of  the  decree  of  August  14,  1914,  suspending  the  time 
limits  in  the  matter  of  patents  and  of  designs  and  models  from  and  after 
August  1.  shall  be  enjoyed  by  subjects  and  citizens  of  foreign  countries  only  in 
so  far  as  such  countries  have  accorded  or  may  hereafter  accord,  by  way  of 
reciprocity,  equivalent  privileges  to  the  citizens  of  France  and  of  the  French 
protectorates. 

ART.  7.  The  terms  of  priority  established  by  Article  4,  as  amended,  of  the 
Convention  of  the  International  Union  of  1883,  are  hereby  suspended  from  and 
after  August  1,  1914,  during  the  continuation  of  hostilities  and  until  dates  to 
be  fixed  by  a  future  decree. 

The  enjoyment  of  this  suspension  shall  be  claimed  only  by  subjects  of  the 
Union  whose  country  has  accorded  or  may  hereafter  accord  the  same  privilege 
to  the  citizens  of  France  and  of  the  French  protectorates. 

The  extensions  indicated  therein  are  believed  to  conform  fully  with 
the  requirements  of  the  act  of  Au,gust  17,  1916,  that  reciprocal  privi- 
leges be  granted  to  citizens  of  this  country. 

It  appears  from  the  affidavit  and  correspondence  filed  in  support 
of  this  petition  that  the  applicant  was  in  the  French  Navy  and  that 
his  French  agent  was  unable  to  obtain  his  signature  to  the  United 
States  application  until  shortly  before  the  expiration  of  the  year  fol- 
lowing the  filing  of  the  French  application  on  February  20,  1915, 
and  that  the  application  was  mailed  in  Paris  February  10,  1916, 
being  received  by  the  attorney  February  23,  1916. 

This  showing  is  held  to  establish  that  the  failure  to  file  the  appli- 
cation within  the  year  from  the  filing  of  the  French  application  was 
due  to  the  existing  and  continuing  state  of  war. 

Applicant's  French  patent  is  therefore  not  a  bar  to  the  grant  of  a 
patent  on  the  present  application.  It  is  directed  that  the  amendment 
filed  September  21,  1916,  be  entered  and  considered. 


426  UNITED  STATES  OF  AMERICA. 

Ex   PARTE   SCHLUMPF. 

[Decided  October  16,  1916.1 

PAYMENT  OF  FINAL  FEE. 

Extension    of   Time   Under   Act   of  August   17,   1916 — Reciprocal 

Privileges. 

Held,  That  the  Swiss  Government  grants  to  citizens  of  the  United 
States  substantially  "  similar  privileges  "  within  the  meaning  of  the 
act  of  August  17,  1916. 

On  petition. 

Device  for  pressing-rollers,  particularly  for  lacing-eyelets. 

Messrs.  Munn  &  Co.  for  the  applicant. 
EWING,  Commissioner: 

This  is  a  petition  that  the  final  fee,  which  was  paid  September  18, 
1916,  three  months  after  the  expiration  of  the  six  months  from  the 
date  of  the  notice  of  allowance,  be  accepted  under  the  provisions  of 
the  act  of  August  17, 1916. 

Applicant  is  a  citizen  of  Switzerland.  The  Swiss  Government  has 
issued  certain  orders,  which  are  published  in  the  Official  Gazette 
(vol.  207,  p.  937;  vol.  211,  p.  288;  and  vol.  216,  p.  1321).  (The  limit 
set  in  the  last  order  was  subsequently  extended.) 

The  extensions  indicated  therein  are  believed  to  conform  fully 
with  the  requirements  of  the  act  of  August  17,  1916,  that  reciprocal 
privileges  be  granted  to  citizens  of  this  country. 

The  showing  made  is  held  to  establish  that  the  failure  to  pay  the 
fee  within  the  six  months  was  due  to  the  existing  and  continuing 
state  of  war,  and  it  is  directed  that  it  be  accepted* 

Ex  PARTE  VICTORERO. 

[Decided  October  16.,  1916.] 
FILING  DATE. 

EXTENSION  OF  TIME  UNDER  ACT  OF  AUGUST  17,  1916 — RECIPROCAL 

PRIVILEGES. 

Held,  That  the  Spanish  Government  grants  to  citizens  of  the 
United  States  substantially  "similar  privileges  "  within  the  meaning 
of  the  act  of  August  17,  1916. 

On  petition. 

Machine  for  the  elaboration  of  cigarettes. 

Mr.  B.  Singer  for  the  applicant. 


UNITED  STATES  OP  AMERICA.  427 

EWING,  Commissioner: 

Applicant  is  a  subject  of  the  King  of  Spain.  The  Spanish  Gov- 
ernment has  issued  decrees  which  read  in  part  as  follows  (208  O.  G., 
986;  La  Propriete  Industrielle,  1916,  p.  30)  : 

1.  So  long  as  the  present  state  of  war  may  continue,  and  from  and  after  the 
26th  of  July  last,  any  declaration  to  the  effect  that  a  proceeding  will  not  be 
pursued  or  that  a  registration  effected  has  lapsed,  in  the  matter  of  industrial 
property,  shall  be  held  in  suspense  in  the  case  of  an  individual  or  corporate 
body  domiciled  abroad. 

2.  Immediately  upon  cessation  of  hostilities,  a  suitable  term  shall  be  fixed 
within  which  the  individuals  and  corporate  bodies  referred  to  in  the  precedng 
paragraph  shall  show  that  they  were  prevented  by  circumstances  over  which 
they  had  no  control  from  complying  with  the  legal  formalities  within  the  terms 
fixed  by  the  laws  in  force,  and  upon  furnishing  proof  considered  sufficient  by 
the  patent  office  authorities  they  shall  be  protected  from  all  injury. 

ARTICLE  1.  The  priority  term  allowed  for  patents,  in  so  far  as  it  concerns 
cases  wherein  the  term  referred  to  had  not  elapsed  on  July  31,  1914,  shall  be 
extended  until  a  date  to  be  fixed  at  the  conclusion  of  the  war. 

ART.  2.  Such  privilege  is  granted  upon  the  basis  of  reciprocity  to  those  coun- 
tries that  shall  decide  to  grant  a  like  benefit  to  Spain. 

The  extension  indicated  therein  are  believed  to  conform  fully  with 
the  requirements  of  the  act  of  August  17,  1916,  that  reciprocal  privi- 
leges be  granted  to  citizens  of  this  country. 

The  showing  made  is  held  to  establish  that  the  failure  to  file  the 
application  in  this  country  within  12  months  from  the  filing  of  the 
Spanish  application  was  due  to  the  existing  and  continuing  state 
of  war. 

Applicant's  Spanish  patent  will  therefore  not  bar  the  grant  of  a 
patent  in  this  country. 


Ex  PARTE  HECHT. 
[Decided  October  16,  1916.} 
PAYMENT  OF  FINAL  FEE. 

Extension  of  time  under  act  of  August  17,  1916 — Reciprocal  privi- 
leges. 

Held  that  the  Hungarian  Government  grants  to  citizens  of  the 
United  States  substantially  "  similar  privileges  "  within  the  meaning 
of  the  act  of  August  17,  1916. 

On  petition. 

Container  for  loose  sheets. 

Mr.  Henri  Van  Oldenneel  for  the  applicant. 
EWING,  Commissioner: 

This  is  a  petition  that  the  final  fee,  which  was  paid  September  16, 
1916,  two  months  and  twenty-five  days  after  the  expiration  of  the 


428  UNITED  STATES  OF  AMERICA. 

six  months  from  the  date  of  the  notice  of  allowance,  be  accepted 
under  the  provisions  of  the  act  of  August  17, 1916. 

Applicant  is  a  subject  of  the  King  of  Hungary.  The  Hungarian 
Government  has  issued  certain  orders,  which  read,  in  part,  as  fol- 
lows (La  Propriete  Industrielle,  1916,  p.  4)  : 

No.  81250-1915  of  December  7,  1915. 

By  virtue  of  the  powers  provided  in  section  16  of  Article  LXIII 
of  the  law  of  1912,  which  article  relates  to  the  exceptional  measures 
to  be  adopted  in  case  of  war,  I  hereby  order,  in  the  meaning  of  ordi- 
nance No.  6981-1914  M.  E.,  enacted  in  plenary  session  of  the  royal 
Hungarian  ministry,  as  follows : 

SECTION  1.  The  terms  of  priority  fixed  with  regard  to  filing  in  the 
matter  of  patents,  designs,  and  trade-marks  by  Article  4  of  the  Con- 
vention of  the  Union  of  Paris  of  March  20,  1883,  revised  at  Brus- 
sels December  14,  1900,  and  at- Washington  June  2,  1911,  are  hereby 
extended  for  three  months  in  so  far  as  they  had  not  expired  prior 
to  July  26,  1914.  A  future  ordinance  will  fix  the  date  from  which 
such  extension  of  three  months  shall  run. 

This  provision  shall  be  applicable  in  favor  of  subjects  of  other 
countries  belonging  to  the  International  Union  for  the  Protection  of 
Industrial  Property  only  if  such  countries  grant  an  extension  of  the 
terms  of  priority  to  Hungarian  subjects.  If,  however,  any  such 
country  shall  grant  this  privilege  to  Hungarian  subjects  to  a  lesser 
extent  than  provided  for  in  the  first  paragraph,  the  same  restriction 
shall  be  applicable  to  the  citizens  of  such  country. 

A  notice  to  be  published  in  the  official  organ  shall  specify  to  what 
extent  the  terms  of  priority  will  be  extended  in  Hungary  in  favor  of 
subjects  of  other  countries  in  the  meaning  of  the  provisions  contained 
in  the  second  paragraph. 

No.  87639  of  December  23,  1915. 

By  virtue  ot  the  power  conferred  by  section  16  of  Article  LXIII 
of  the  law  of  1912,  concerning  the  exceptional  measures  to  be  adopted 
in  case  of  war  and  in  conformity  with  the  ordinance  of  the  royal 
Hungarian  ministry  No.  6981-1914  M.  E.,  I  hereby  order  as  follows : 

SECTION  1.  The  provision  of  my  ordinance  of  August  19,  1915,  No. 
54400,  under  the  terms  of  which  the  duration  of  the  terms  for  the 
payment  of  annual  taxes  on  patents  and  of  additional  taxes  was  sus- 
pended until  December  31,  1915,  is  hereby  modified  by  extending  the 
duration  of  such  suspension  to  June  30,  1916. 


UNITED   STATES   OF   AMERICA .  429 

In  other  respects  my  order  cited  above  shall  remain  in  force  with- 
out any  modification. 

SEC.  2.  This  ordinance  shall  go  into  force  from  the  date  of  its  pub- 
lication (published  Dec.  25,  1915). 

(The  limit  set  in  the  last  order  was  subsequently  extended.) 

The  extensions  indicated  therein  are  believed  to  conform  fully  with 
The  requirements  of  the  act  of  August  17,  1916,  that  reciprocal  privi- 
leges be  granted  to  citizens  of  this  country. 

The  showing  made  is  held  to  establish  that  the  failure  to  pay  the 
fee  within  the  six  months  was  due  to  the  existing  and  continuing  state 
of  war,  and  it  is  directed  that  it  be  accepted. 


INDUSTRIAL.  PROPERTY  —  APPLICATIONS  —  FEES  —  RECIPROCAL  EXTEN- 
SION OF  TIME  UNDER  ACT  OF  AUGUST  17,  1916.  TO  ITALY — NOTE  or 
MARCH  24, 1917,  AND  COMMISSIONER'S  DECISION  OF  OCTOBER  16, 1916. 

[Translation.] 

THE    DEPARTMENT    OF    STATE    TO    THE    AMBASSADOR    OF    ITALY    AT    WASH- 
INGTON. 

MARCH  24,  1917. 

We  reply  to  your  note  of  February  19  last,  along  with  which  you 
send  us  a  copy  of  the  decree  of  the  Lieutenant  General  of  the  Kingdom 
of  Italy  prolonging  the  terms  for  the  payment  of  fees  in  industrial 
property  matters,  at  the  same  time  asking  us  to  advise  you  whether 
the  Government  of  the  United  States  has  promulgated  analogous  dis- 
positions, and  whether  they  are  applicable  to  Italian  subjects,  this  to 
the  end  that  the  Royal  Italian  Government  may  proceed  to  the  pro- 
mulgation of  a  decree  acknowledging  that  reciprocal  advantages  are 
granted  to  subjects  of  the  two  countries.  I  have  the  honor  to  send  you 
herewith  for  your  information  a  copy  of  the  letter  addressed  to  the 
undersigned  department  by  the  Commissioner  of  Patents  and  ex- 
plaining the  point  of  view  adopted  by  the  Patent  Office  of  the  United 
States  on  this  question. 

In  this  decision,  rendered  in  the  case  of  Feroci,  the  Commissioner 
assumes  that  the  law  of  August  17,  1916,  puts  subjects  of  the  United 
States  in  the  position  as  provided  for  by  the  provisions  of  the  above 
mentioned  decree.  We  are  sending  with  the  present  for  the  informa- 
tion of  your  Government  a  copy  of  the  law  of  August  17,  1916,  and 
a  copy  of  the  decision  rendered  by  the  Commissioner  of  Patents  in 
the  Feroci  case. 

33  La  Propriete  Industriette,  106.) 


480  UNITED   STATES   OF   AMERICA. 

Ex  PARTE  FEROCI. 

[Decided  October  16,  1916.] 

1.  Extension  of  Time  Under  Act  of  August  17,  1916 — Reciprocal 
Privileges. 

The  decree  of  the  Italian  Government  published  in  La  Propriete 
Industrielle  (1915,  p.  113),  Held  to  grant  "substantially  similar 
privileges  "  to  citizens  of  this  country  within  the  meaning  of -the  act 
of  August  17,  1916,  extending  the  time  for  payment  of  fees,  etc., 
where  the  delay  is  due  to  the  state  of  war. 

2.  Same — Same — Act  Liberally  Construed. 

The  act  of  August  17, 1916,  is  remedial  and  should  be  liberally  con- 
strued to  cover  cases  where  the  foreign  Government  grants  to  citizens 
of  this  country  relief  from  forfeiture  under  its  laws  without  specific 
reference  to  the  form  in  which  relief  is  granted. 

On  petition. 

Automatic  railway-car  and  compressed-air  and  steam-pipe  coup- 
ling device. 

Mr.  Wm.  Wallace  White  for  the  applicant. 
E WIN G,  Commissioner : 

This  is  a  petition  that  the  rejection  upon  applicant's  Italian  patent, 
the  application  for  which  was  filed  in  Italy  on  April  30,  1914,  be 
withdrawn. 

Applicant  is  a  subject  of  the  King  of  Italy.  Two  questions  arise 
on  the  petition  under  the  provisions  of  the  act  of  August  17,  1916, 
namely,  first,  whether  the  Kingdom  of  Italy  has  granted  "sub- 
stantially similar  privileges"  to  citizens  of  the  United  States,  and 
second,  whether  the  failure  to  file  the  application  in  this  country 
within  12  months  of  the  filing  of  the  application  abroad  was  due 
to  the  existing  and  continuing  state  of  war.  The  Italian  Govern- 
ment has  issued  a  decree  (La  Propriete  Industrielle,  1915,  p.  113) 
a  portion  of  which  is  as  follows : 

ARTICLE  1.  Persons  in  active  military  service,  employees  of  the  army  and 
navy,  and  persons  who  for  reasons  of  service  are  in  the  train  of  the  army  and 
navy,  are  authorized  to  defer  the  payment  of  fees  upon  applications  for  patents 
and  for  industrial  designs  and  models,  and  upon  the  registration  of  trade- 
marks to  the  sixtieth  day  after  the  date  of  the  proclamation  of  peace.  Applica- 
tions presented  by  said  persons,  when  not  accompanied  by  the  acknowledgment  of 
receipt  of  the  fee,  shall  be  held  in  suspense  until  the  above-mentioned  term 
shall  have  expired. 

ART.  2.  The  persons  referred  to  in  the  foregoing  article  are  authorized  to 
defer  the  payment  of  taxes  and  the  performance  of  the  acts  prescribed  by  law 
for  keeping  patents  in  force  and  for  applying  for  an  extension  of  the  same,  to 
the  last  day  of  the  three-month  term  following  the  one  during  which  peace  will 
be  proclaimed,  provided  the  time  limits  for  such  acts  or  payments  had  not 


UNITED  STATES  OF  AMERICA.  431 

expired  at  the  time  of  the  declaration  of  war.  The  same  advantages  shall  be 
enjoyed  by  citizens  holding  "certificates  of  privileges"  who  may  be  prevented 
by  circumstances  due  to  the  state  of  war  from  effecting  the  payments  and 
performing  the  necessary  acts  within  the  time  limits  prescribed  by  law  in  order 
to  keep  in  force  or  extend  their  privileges. 

ART.  3.  The  provisions  of  the  foregoing  article  shall  be  applicable  likewise  to 
foreign  holders  of  patents  who  are  subjects  of  countries  which  guarantee  like 
advantages  to  Italian  holders  of  patents.  The  existence  of  reciprocity  of  treat- 
ment shall  be  recognized  by  decree  of  the  Minister  of  Agriculture,  Industry,  and 
Commerce. 

The  act  of  August  17,  1916,  is  remedial  and  should  be  liberally 
construed.  It  is  believed  to  be  sufficient  compliance  with  its  require- 
ment as  to  reciprocal  rights  or  privileges  if  the  Government  of  which 
the  petitioner  is  a  citizen  grants  to  citizens  of  this  country  relief 
from  -forfeiture  arising  under  its  own  laws  without  specific  reference 
to  the  form  in  which  relief  is  granted.  The  extensions  indicated 
in  the  foregoing  quotation  are  believed  to  conform  fully  to  the  re- 
quirement of  the  statute  as  to  reciprocity. 

In  explanation  of  the  failure  to  file  within  12  months  of  the  filing 
of  the  Italian  application  the  affidavit  in  support  of  the  petition 
states  that  the  application  papers  were  received  by  the  attorney  in 
New  York  on  April  15,  .1915,  accompanied  by  directions  not  to  file 
the  papers  until  he  received  instructions  by  cable  to  do  so;  that  no 
instructions  were  received,  but  that  on  May  28,  1915,  he  received  a 
letter  from  applicant's  Italian  attorneys  stating  that  on  April  23. 
1915,  they  had  sent  him  a  message  by  cable  directing  him  to  file  the 
application.  It  is  a  fair  assumption  that  the  failure  of  the  attorney 
to  receive  the  cable  message  was  due  to  the  existing  and  continuing 
state  of  war.  since  no  other  reason  is  apparent  why  it  was  not  re- 
ceived. 

The  petition  is  granted. 

(From  231  Official  Gazette,  1539.) 


PATENTS. 

EX  PARTE  HABENICHT  AND  BECKE. 
[Decided  March  15, 


1.  Extension  of  Time,  of  Act  August  17,  1916  —  Reciprocal  Privi- 

leges —  Time  of  Filing. 

It  is  assumed  that  in  view  of  the  act  of  August  17,  1916,  extending 
(he  time  for  filing  an  application  where  the  failure  to  file  it  within  12 
months  was  due  to  the  state  bf  war,  a  similar  extension  will  be 
granted  by  the  German  Government  to  citizens  of  this  country  under 
the  proclamation  of  May  7,  1915.  (215  O.  G.,  979.) 
93169—19  --  28 


432  UNITED   STATES   OF   AMERICA. 

2.  Same — Same — Same — Delay  Due  to  War. 

The  showing  made  Held  sufficient  to  establish  that  the  failure  to 
file  the  application  in  this  country  within  12  months  of  the  filing  of 
the  application  in  Germany  was  due  to  the  existing  and  continuous 
state  of  war  and  Held  that  the  grant  of  the  German  patent  will  not, 
therefore,  bar  the  grant  of  a  patent  in  this  country. 

On  petition. 

Carbureter  for  exploding  motors. 

Mr.  B.  Singer  for  the  applicants. 
EWING,  C ommissiotwr : 

This  is  a  petition  that  applicants  be  accorded  an  extension  under 
the  provisions  of  the  act  of  August  IT,  1916.  This  application  was 
filed  February  28,  1917.  It  appears  from  the  oath  that  the  corre- 
sponding German  application  was  filed  January  27,  1916.  This 
office  has  not  been  advised  that  the  German  Government  is  granting 
to  citizens  of  this  country  similar  extensions.  The  German  ordinance 
of  May  7,  1915  (215  O.  G.,  979),  providing  for  an  extension  of  the 
periods  of  priority,  states  that  the  provisions  of  the  ordinance  shall 
apply  "  in  favor  of  subjects  of  foreign  countries  when  and  to  the 
same  extent  as  the  priority  time  limits  are -prolonged  in  such  coun- 
tries in  favor  of  German  subjects,  as  shall  be  certified  by  proclama- 
tion published  in  the  Reichsgesetzblatt" 

It  is  assumed  that  in  view  of  the  act  of  August  17,  1916,  extending 
the  time  for  filing  an  application  where  the  failure  to  file  it  within  12 
months  was  due  to  the  "  existing  and  continuing  state  of  war,"  a 
similar  extension  will  be  granted  by  the  German  Government  to  citi- 
zens of  this  country. 

The  showing  made  is  deemed  sufficient  to  establish  that  the  appli- 
cants were  unable,  on  account  of  the  "  existing  and  continuing  state 
of  war,"  to  file  their  application  within  the  12  months.  The  grant 
of  the  German  patent  will  therefore  not  bar  the  grant  of  a  patent 
in  this  country. 

The  petition  is  granted. 

(From  236  Official  Gazette,  1219.) 


PATENTS — FEES  AND  TAXES  IN  GERMANY — PAYMENTS  PERMITTED — 
PROCLAMATION  OF  MAY  24,  1917. 

[By  the  President  of  the  United  States  of  America,  a  proclamation.] 

Whereas  the  laws  of  the  German  Empire  provide  that  letters 
patent  granted  or  issued  to  citizens  of  other  countries  shall  lapse 
unless  certain  taxes,  annuities,  or  other  fees  are  paid  within  stated 
periods;  and 


UNITED   STATES   OF   AMERICA.  433 

Whereas  the  interests  of  the  citizens  of  the  United  States  in  such 
letters  patent  are  of  great  value,  so  that  it  is  important  that  such 
payments  should  be  made  in  order  to  preserve  their  rights ; 

Now,  therefore,  I,  Woodrow  Wilson,  President  of  the  United 
States  of  America,  by  virtue  of  the  powers  vested  in  me  as  such, 
hereby  declare  and  proclaim  that  citizens  of  the  United  States  own- 
ing letters  patent  granted  or  issued  by  the  German  Empire  are 
hereby  authorized  and  permitted  to  make  payment  of  any  tax,  an- 
nuity, or  fee  which  may  be  required  by  the  laws  of  the  German  Em- 
pire for  the  preservation  of  their  rights  in  such  letters  patent. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  24th  day  of  May,  in  the  year 
of  our  Lord  nineteen  hundred  and  seventeen  and  of  the  independence 
of  the  United  States,  one  hundred  and  forty-first. 

[SEAL.]  (Signed)  WOODROW  WILSON. 

By  the  President: 
ROBERT  LANSING, 

Secretary  of  State. 


INDUSTRIAL  PROPERTY — TRADING  WITH  THE  ENEMY  ACT  or  OCTOBER 

6,  1917. 

[PUBLIC — No.  91 — 65TH  CONGRESS.] 

[II.  R.  4960.] 

An  act  to  define,  regulate,  and  punish  trading  with  the  enemy,  and  for  other 
purposes. 

Be  it  enacted  ~by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  this  act  shall 
be  known  as  the  "  trading  with-the-enemy  act." 

SEC.  2.  That  the  word  "  enemy,"  as  used  herein,  shall  be  deemed 
to  mean,  for  the  purposes  of  such  trading  and  of  this  act— 

(a)  Any  individual,  partnership,  or  other  body  of  individuals,  of 
any  nationality,  resident  within  the  territory  (including  that  occu- 
pied by  the  military  and  naval  forces)  of  any  nation  with  which  the 
United  States  is  at  war,  or  resident  outside  the  United  States  and 
doing  business  within  such  territory,  and  any  corporation  incor- 
porated within  such  territory  of  any  nation  with  which  the  United 
States  is  at  war  or  incorporated  within  any  country  other  than  the 
United  States  and  doing  business  within  such  territory. 

(b)  The  Government  of  any  nation  with  which  the  United  States 
is  at  war,  or  any  political  or  municipal  subdivision  thereof,  or  any 
officer,  official,  agent,  or  agency  thereof. 

93169—18 28 


434  UNITED  STATES  OF  AMEEICA. 

(c)  Such  other  individuals,  or  body  or  class  of  individuals,  as  may 
be  natives,  citizens,  or  subjects  of  any  nation  -with  which  the  United 
States  is  at  war,  other  than  citizens  of  the  United  States,  wherever 
resident  or  wherever  doing  business,  as  the  President,  if  he  shall  find 
the  safety  of  the  United  States  or  the  successful  prosecution  of  the 
war  shall  so  require,  may,  by  proclamation,  include  within  the  term 
"  enemy." 

The  words  "  ally  of  enemy,"  as  used  herein,  shall  be  deemed  to 
mean — 

(a)  Any  individual,  partnership,  or  other  body  of  individuals,  of 
any  nationality,  resident  within  the  territory  (including  that  occu- 
pied by  the  military  and  naval  forces)  of  any  nation  which  is  an 
ally  of  a  nation  with  which  the  United  States  is  at  war,  or  resident 
outside  the  United  States  and  doing  business  within  such  territory, 
and  any  corporation  incorporated  within  such  territory  of  such 
ally  nation,  or  incorporated  within  any  country  other  than  the 
United  States  and  doing  business  within  such  territory. 

(•5)  The  Government  of  any  nation  which  is  an  ally  of  a 'nation 
with  which  the  United  States  is  at  war,  or  any  political  or  municipal 
subdiAision  of  such  ally  nation,  or  any  officer,  official,  agent,  or  agency 
thereof. 

(c)  Such  other  individuals,  or  body  or  class  of  individuals,  as  may 
be  natives,  citizens,  or  subjects  of  any  nation  which  is  an  ally  of  a 
nation  with  which  the  United  States  is  at  war,  other  than  citizens 
of  the  United  States,  wherever  resident  or  wherever  doing  business, 
as  the  President,  if  he  shall  find  the  safety  of  the  United  States  or 
the  successful  prosecution  of  the  war  shall  so  require,  may,  by  proc- 
lamation, include  within  the  term  "  ally  of  enemy." 

The  word  "  person,"  as  used  herein,  shall  be  deemed  to  mean  an 
individual,  partnership,  association,  company,  or  other  unincorpo- 
rated body  of  individuals,  or  corporation  or  body  politic. 

The  words  "  United  States,"  as  used  herein,  shall  be  deemed  to 
mean  all  land  and  water,  continental  or  insular,  in  any  way  within 
the  jurisdiction  of  the  United  States  or  occupied  by  the  military  or 
naval  forces  thereof. 

The  words  "  the  beginning  of  the  war,"  as  used  herein,  shall  be 
deemed  to  mean  midnight  ending  the  day  on  which  Congress  has 
declared  or  shall  declare  war  or  the  existence  of  a  state  of  war. 

The  words  "  end  of  the  war,"  as  used  herein,  shall  be  deemed  to 
mean  the  date  of  proclamation  of  exchange  of  ratifications  of  the 
treaty  of  peace,  unless  the  President  shall,  by  proclamation,  declare 
a  prior  date,  in  which  case  the  date  so  proclaimed  shall  be  deemed 
to  be  the  "  end  of  the  war  "  within  the  meaning  of  this  act. 

The  words  "  bank  or  banks,"  as  used  herein,  shall  be  deemed  to 
mean  and  include  national  banks,  State  banks,  trust  companies,  or 


UNITED  STATES  OF   AMERICA.  435 

other  banks  or  banking  associations  doing  business  under  the  laws 
of  the  United  States,  or  of  any  State  of  the  United  States. 

The  words  "  to  trade,"  as  used  herein,  shall  be  deemed  to  mean — 

(a)  Pay,  satisfy,  compromise,  or  give  security  for  the  payment  or 
satisfaction  of  any  debt  or  obligation. 

(b)  Draw,  accept,  pay,  present  for  acceptance  or  payment,  or 
indorse  any  negotiable  instrument  or  chose  in  action. 

(<?)  Enter  into,  carry  on,  complete,  or  perform  any  contract,  agree- 
ment, or  obligation. 

(d)  Buy  or  sell,  loan  or  extend  credit,  trade  in,  deal  with,  ex- 
change, transmit,  transfer,  assign,  or  otherwise  dispose  of,  or  receive 
any  form  of  property. 

(e)  To  have  any  form  of  business  or  commercial  communication 
or  intercourse  with. 

SEC.  3.  That  it  shall  be  unlawful— 

(a)  For  any  person  in  the  United  States,  except  with  the  license  of 
the  President,  granted  to  such  person,  or  to  the  enemy,  or  ally  of 
enemy,  as  provided  in  this  act,  to  trade,  or  attempt  to  trade,  either 
directly  or  indirectly,  with,  to,  or  from,  or  for,  or  on  account  of,  or 
on  behalf  of,  or  for  the  benefit  of,  any  other  person,  with  knowl- 
edge or  reasonable  cause  to  believe  that  such  other  person  is  an 
enemy  or  ally  of  enemy,  or  is  conducting  or  taking  part  in  such 
trade,  directly  or  indirectly,  for,  or  on  account  of,  or  on  behalf  of.  or 
for  the  benefit  of,  an  enemy  or  ally  of  enemy. 

(b)  For  any  person,  except  with  the  license  of  the  President,  to 
transport  or  attempt  to  transport  into  or  from  the  United  States, 
or  for  any  owner,  master,  or  other  person  in  charge  of  a  vessel  of 
American  registry  to  transport  or  attempt  to  transport  from  any 
place  to  any  other  place,  an}^  subject  or  citizen  of  an  enemy  or  ally 
of  enemy  nation,  with  knowledge  or  reasonable  cause  to  believe  that 
the  person  transported  or  attempted  to  be  transported  is  such  subject 
or  citizen. 

(c,)  For  any  person  (other  than  a  person  in  the  service  of  the 
United  States  Government  or  of  the  Government  of  any  nation,  ex- 
cept that  of  an  enemy  or  ally  of  enemy  nation,  and  other  than  such 
persons  or  classes  of  persons  as  may  be  exempted  hereunder  by  the 
President  or  by  such  person  as  he  may  direct)  to  send,  or  take  out  of, 
or  bring  into,  or  attempt  to  send,  or  take  out  of,  or  bring  into  the 
United  States,  any  letter  or  other  writing  or  tangible  form  of  com- 
munication, except  in  the  regular  course  of  the  mail;  and  it  shall 
be  unlawful  for  any  person  to  send,  take,  or  transmit,  or  attempt  to 
send,  take,  or  transmit  out  of  the  United  States,  any  letter  or  other 
writing,  book,  map,  plan,  or  other  paper,  picture,  or  any  telegram, 
cablegram,  or  wireless  message,  or  other  form  of  communication  in- 


436  UNITED   STATES   OF   AMERICA. 

tended  for  or  to  be  delivered,  directly  or  indirectly,  to  an  enemy  or 
ally  of  enemy:  Provided,  however,  That  any  person  may  send,  take, 
or  transmit  out  of  the  United  States  anything  herein  forbidden  if 
he  shall  first  submit  the  same  to  the  President,  or  to  such  officer  as 
the  President  may  direct,  and  shall  obtain  the  license  or  consent  of 
the  President,  under  such  rules  and  regulations,  and  with  such  ex- 
emptions, as  shall  be  prescribed  by  the  President. 

(d)  Whenever,  during  the  present  war,  the  President  shall  deem 
that  the  public  safety  demands  it,  he  may  cause  to  be  censored  under 
such  rules  and  regulations  as  he  may  from  time  to  time  establish, 
communications  by  mail,  cable,  radio,  or  other  means  of  transmission 
passing  between  the  United  States  and  any  foreign  country  he  may 
from  time  to  time  specify,  or  which  may  be  carried  by  any  vessel 
or  other  means  of  transportation  touching  at  any  port,  place,  or  ter- 
ritory, of  the  United  States  and  bound  to  or  from  any.  foreign  coun- 
try. Any  person  who  willfully  evades  or  attempts  to  evade  the  sub- 
mission of  any  such  communication  to  such  censorship  or  willfully 
uses  or  attempts  to  use  any  code  or  other  device  for  the  purpose  of 
concealing  from  such  censorship  the  intended  meaning  of  such  com- 
munication shall  be  punished  as  provided  in  section  16  of  this  act. 

SEC.  4.  (a)  Every  enemy  or  ally  of  enemy  insurance  or  reinsurance 
company,  and  every  enemy  or  ally  of  enemy,  doing  business  within 
the  United  States  through  an  agency  or  branch  office,  or  otherwise, 
may,  within  30  days  after  the  passage  of  this  .act,  apply  to  the 
President  for  a  license  to  continue  to  do  business;  and,  within  30 
days  after  such  application,  the  President  may  enter  an  order  either 
granting  or  refusing  to  grant  such  license.  The  license,  if  granted, 
may  be  temporary  or  otherwise,  and  for  such  period  of  time,  and 
may  contain  such  provisions  and  conditions  regulating  the  business, 
agencies,  managers,  and  trustees  and  the  control  and  disposition  of 
the  funds  of  the  company,  or  of  such  enemy  or  ally  of  enemy,  as  the 
President  shall  deem  necessary  for  the  safety  of  the  United  States ; 
and  any  license  granted  hereunder  may  be  revoked  or  regranted  or 
renewed  in  such  manner  and  at  such  times  as  the  President  shall  de- 
termine :  Provided,  however,  That  reasonable  notice  of  his  intent  to 
refuse  to  grant  a  license  or  to  revoke  a  license  granted  to  any  rein- 
surance company  shall  be  given  by  him  to  all  insurance  companies 
incorporated  within  the  United  States  and  known  to  the  President 
to  be  doing  business  with  such  reinsurance  company :  Provided  fur- 
ther, That  no  insurance  company,  organized  within  the  United 
States,  shall  be  obligated  to  continue  any  existing  contract,  entered 
into  prior  to  the  beginning  of  the  war,  with  any  enemy  or  ally  of 
enemy  insurance  or  reinsurance  company,  but  any  such  company 
may  abrogate  and  cancel  any  such  contract  by  serving  30  days'  notice 


UNITED  STATES  OF  AMERICA.  437 

in  writing  upon  the  President  of  its  election  to  abrogate  such 
contract. 

For  a  period  of  30  days  after  the  passage  of  this  act,  and  further 
pending  the  entry  of  such  order  by  the  President, '  after  application 
made  by  any  enemy  or  ally  of  enemy  insurance  or  reinsurance  com- 
pany, within  such  30  days  as  above  provided,  the  provisions  of  the 
President's  proclamation  of  April  6,  1917,  relative  to  agencies  in  the 
United  States  of  certain  insurance  companies,  as  modified  by  the 
provisions  of  the  President's  proclamation  of  July  13,  1917,  relative 
to  marine  and  war-risk  insurance,  shall  remain  in  full  force  and 
effect  so  far  as  it  applies  to  such  German  insurance  companies,  and 
the  conditions  of  said  proclamation  of  April  6,  1917,  as  modified  by 
said  proclamation  of  July  13,  1917,  shall  also  during  said  period  of 
30  days  after  the  passage  of  this  act,  and  periding  the  order  of  the 
President  as  herein  provided,  apply  to  any  enemy  or  ally  of  enemy 
insurance  or  reinsurance  company,  anything  in  this  act  to  the  con- 
trary notwithstanding.  It  shall  be  unlawful  for  any  enemy  or  ally 
of  enemy  insurance  or  reinsurance  company,  to  whom  license  is 
granted,  to  transmit  out  of  the  United  States  any  funds  belonging 
to  or  held  for  the  benefit  of  such  company  or  to  use  any  such  funds 
as  the  basis  for  the  establishment  directly  or  indirectly  of  any  credit 
within  or  outside  of  the  United  States  to,  or  for  the  benefit  of,  or  on 
behalf  of,  or  on  account  of,  an  enemy  or  ally  of  enemy. 

For  a  period  of  30  days  after  the  passage  of  this  act,  and  further 
pending  the  entry  of  such  order  by  the  President,  after  application 
made  within  such  30  days  by  any  enemy  or  ally  of  enemy,  other  than 
an  insurance  or  reinsurance  company  as  above  provided,  it  shall  be 
lawful  for  such  enemy  or  ally  of  enemy  to  continue  to  do  business  in 
this  country  and  for  any  person  to  trade  with,  to,  from,  for,  on 
account  of,  on  behalf  of,  or  for  the  benefit  of  such  enemy  or  ally  of 
enemy,  anything  in  this  act  to  the  contrary  notwithstanding:  Pro- 
vided, however,  That  the  provisions  of  sections  3  and  16  hereof  shall 
apply  to  any  act  or  attempted  act  of  transmission  or  transfer  of 
money  or  other  property  out  of  the  United  States  and  to  the  use  or 
attempted  use  of  such  money  or  property  as  the  basis  for  the  estab- 
lishment of  any  credit,  within  or  outside  of  the  United  States,  to,  or 
for  the  benefit  of,  or  on  behalf  of,  or  on  account  of,  an  enemy  or  ally 
of  enemy. 

If  no  license  is  applied  for  within  30  days  after  the  passage  of  this 
act,  or  if  a  license  shall  be  refused  to  any  enemy  or  ally  of  enemy, 
whether  insurance  or  reinsurance  company  or  other  person,  making 
application,  or  if  any  license  granted  shall 'be  revoked  by  the  Presi- 
dent, the  provisions  of  sections  3  and  16  hereof  shall  forthwith  apply 
to  all  trade  or  to  any  attempt  to  trade  with,  to,  from,  for,  by.  on 


438  UNITED   STATES   OF   AMERICA. 

account  of,  or  011  behalf  of,  or  for  the  benefit  of  such  company  or 
other  person :  Provided,  however,  That  after  such  refusal  or  revoca- 
tion, anything  in  this  act  to  the  contrary  notwithstanding,  it  shall 
be  lawful  for  a  policy  holder  or  for  an  insurance  company,  not  an 
enemy  or  ally  of  enemy,  holding  insurance  or  having  effected  rein- 
surance in  or  with  such  enemy  or  ally  of  enemy  insurance  or  re- 
insurance company,  to  receive  payment  of,  and  for  such  enemy  or 
ally  of  enemy  insurance  or  reinsurance  company  to  pay  any  premium, 
return  premium,  claim,  money,  security,  or  other  property  due  or 
which  may  become  due  on  or  in  respect  to  such  insurance  or  reinsur- 
ance in  force  at  the  date  of  such  refusal  or  revocation  of  license,  and 
nothing  in  this  act  shall  vitiate  or  nullify  then  existing  policies  or 
contracts  of  insurance  or  reinsurance,  or  the  conditions  thereof ;  and 
any  such  policy  holder  or  insurance  company,  not  an  enemy  or  ally 
of  enemy,  having  any  claim  to  or  upon  money  or  other  property  of 
the  enemy  or  ally  of  enemy  insurance  or  reinsurance  company  in  the 
custody  or  control  of  the  Alien  Property  Custodian,  hereinafter  pro- 
vided for,  or  of  the  Treasurer  of  the  United  States,  may  make  appli- 
cation for  the  payment  thereof  and  may  institute  suit  as  provided  in 
section  9  hereof. 

(b)  That,  during  the  present  war,  no  enemy,  or  ally  of  enemy,  and 
no  partnership  of  which  he  is  a  member  or  was  a  member  at  the 
beginning  of  the  war,  shall  for  any  purpose  assume  or  use  any  name 
other  than  that  by  which  such  enemy  or  partnership  was  ordinarily 
known  at  the  beginning  of  the  war,  except  under  license  from  the 
President. 

Whenever,  during  the  present  war,  in  the  opinion  of  the  President 
the  public  safety  or  public  interest  requires,  the  President  may  pro- 
hibit any  or  all  foreign  insurance  companies  from  doing  business  in 
the  United  States,  or  the  President  may  license  such  company  or 
companies  to  do  business  upon  such  terms  as  he  may  deem  proper. 

SEC.  5.  (a)  That  the  President,  if  he  shall  find  it  compatible  with 
the  safety  of  the  United  States  and  with  the  successful  prosecution 
of  the  war,  may,  by  proclamation,  suspend  the  provisions  of  this  act 
so  far  as  they  apply  to  an  ally  of  enemy,  and  he  may  revoke  or  renew 
such  suspension  from  time  to  time;  and  the  President  may  grant 
licenses,  special  or  general,  temporary  or  otherwise,  and  for  such 
period  of  time  and  containing  such  provisions  and  conditions  as  he 
shall  prescribe,  to  any  person  or  class  of  persons  to  do  business  as 
provided  in  subsection  (a)  of  section  4  hereof,  and  to  perform  any 
act  made  unlawful  without  such  license  in  section  3  hereof,  and 
to  file  and  prosecute  applications  under  subsection  (•&)  of  section  10 
hereof ;  and  he  may  revoke  or  renew  such  licenses  from  time  to  time, 
if  he  shall  be  of  opinion  that  such  grant  or  revocation  or  renewal 
shall  be  compatible  with  the  safety  of  the  United  States  and  with 


UNITED  STATES  OF  AMERICA.  439 

the  successful  prosecution  of  the  war;  and  he  may  make  such  rules 
and  regulations,  not  inconsistent  with  law,  as  may  be  necessary  and 
proper  to  carry  out  the  provisions  of  this  act ;  and  the  President  may 
exercise  any  power  or  authority  conferred  by  this  act  through  such 
officer  or  officers  as  he  shall  direct. 

If  the  President  shall  have  reasonable  cause  to  believe  that  any  act 
is  about  to  be  performed  in  violation  of  section  3  hereof  he  shall  have 
authority  to  order  the  postponement  of  the  performance  of  such  act 
for  a  period  not  exceeding  90  days,  pending  investigation  of  the  facts 
by  him. 

(b)  That  the  President  may  investigate,  regulate,  or  prohibit, 
under  such  rules  and  regulations  as  he  may  prescribe,  by  means  of 
licenses  or  otherwise,  any  transactions  in  foreign  exchange,  export  or 
earmarkings  of  gold  or  silver  coin  or  bullion  or  currency,  transfers 
of  credit  in  any  form  (other  than  credits  relating  solely  to  transac- 
tions to  be  executed  wholly  within  the  United  States),  and  transfers 
of  evidences  of  indebtedness  or  of  the  ownership  of  property  between 
the  United  States  and  any  foreign  country,  whether  enemy,  ally  of 
enemy,  or  otherwise,  or  between  residents  of  one  or  more  foreign 
countries,  by  any  person  within  the  United  States;  and  he  may 
require  any  such  person  engaged  in  any  such  transaction  to  furnish, 
under  oath,  complete  information  relative  thereto,  including  the 
production  of  any  books  of  account,  contracts,  letters,  or  other  papers, 
in  connection  therewith  in  the  custody  or  control  of  such  person, 
either  before  or  after  such  transaction  is  completed. 

SEC.  6.  That  the  President  is  authorized  to  appoint,  prescribe  the 
duties  of,  and  fix  the  salary  (not  to  exceed  $5,000  per  annum)  of  an 
official  to  be  known  as  the  alien  property  custodian,  who  shall  be 
empowered  to  receive  all  money  and  property  in  the  United  States 
due  or  belonging  to  an  enemy,  or  ally  of  enemy,  which  may  be  paid, 
conveyed,  transferred,  assigned,  or  delivered  to  said  custodian  under 
the  provisions  of  this  act;  and  to  hold,  administer,  and  account  for 
the  same  under  the  general  direction  of  the  President  and  as  pro- 
vided in  this  act.  The  alien  property  custodian  shall  give  such  bond 
or  bonds,  and  in  such  form  and  amount,  and  with  such  security  as 
the  President  shall  prescribe.  The  President  may  further  employ 
in  the  District  of  Columbia  and  elsewhere  and  fix  the  compensation 
of  such  clerks,  attorneys,  investigators,  accountants,  and  other  em- 
ployees as  he  may  find  necessary  for  the  due  administration  of  the 
provisions  of  this  act :  Provided,  That  such  clerks,  investigators,  ac- 
countants, and  other  employees  shall  be  appointed  from  lists  of 
eligibles  to  be  supplied  by  the  Civil  Service  Commission  and  in 
accordance  with  the  civil-service  law:  Provided  further,  That  the 
President  shall  cause  a  detailed  report  to  be  made  to  Congress  on  the 
1st  day  of  January  of  each  year  of  all  proceedings  had  under  this  act 


440  UNITED   STATES   OF   AMEBICA. 

during  the  year  preceding.  Such  report  shall  contain  a  list  of  all 
persons  appointed  or  employed,  with  the  salary  or  compensation  paid 
to  each,  and  a  statement  of  the  different  kinds  of  property  taken 
into  custody  and  the  disposition  made  thereof. 

SEC.  7.  (a)  That  every  corporation  incorporated  within  the 
United  States,  and  every  unincorporated  association,  or  company,  or 
trustee,  or  trustees  within  the  United  States,  issuing  shares  or  certifi- 
cates representing  beneficial  interests,  shall,  under  such  rules  and 
regulations  as  the  President  may  prescribe  and,  within  60  days  after 
the  passage  of  this  act,  and-  at  such  other  times  thereafter  as  the  Presi- 
dent may  require,  transmit  to  the  alien  property  custodian  a  full 
list,  duly  sworn  to,  of  every  officer,  director,  or  stockholder  known  to 
be.  or  whom  the  representative  of  such  corporation,  association,  com- 
pany, or  trustees  has  reasonable  cause  to  believe  to  be  an  enemy  or 
ally  of  enemy  resident  within  the  territory,  or  a  subject  or  citizen  re- 
siding outside  of  the  United  States,  of  any  nation  with  which  the 
United  States  is  at  war,  or  resident  within  the  territory,  or  a  subject 
or  citizen  residing  outside  of  the  United  States,  of  any  ally  of  any 
nation  with  which  the  United  States  is  at  war,  together  with  the 
amount  of  stock  or  shares  owned  by  each  such  officer,  director,  or 
stockholder,  or  in  w^hich  he  has  any  interest. 

The  President  may  also  require  a  similar  list  to  be  transmitted  of 
all  stock  or  shares  owned  on  February  3,  1917,  by  any  person  now 
defined  as  an  enemy  or  ally  of  enemy,  or  in  which  any  such  person 
had  any  interest;  and  he  may  also  require  a  list  to  be  transmitted  of 
all  cases  in  which  said  corporation,  association,  company,  or  trustee 
has  reasonable  cause  to  believe  that  the  stock  or  shares  on  February 
3,  1917,  were  owned  or  are  owned  by  such  enemy  or  ally  of  enemy, 
though  standing  on  the  books  in  the  name  of  another :  Provided,  how- 
ever, That  the  name  of  any  such  officer,  director,  or  stockholder  shall 
be  stricken  permanently  or  temporarily  from  such  list-  by  the  alien 
property  custodian  when  he  shall  be  satisfied  that  he  is  not  such 
enemy  or  ally  of  enemy. 

Any  person  in  the  United  States  who  holds  or  has  or  shall  hold  or 
have  custody,  or  control  of  any  property  beneficial  or  otherwise, 
alone  or  jointly  with  others,  of,  for,  or  on  behalf  of  an  enemy  or  ally 
of  enemy,  or  of  any  person  whom  he  may  have  reasonable  cause  to 
believe  to  be  an  enemy  or  ally  of  enemy  and  any  person  in  the  United 
States  who  is  or  shall  be  indebted  in  any  way  to  an  enemy  or  ally  of 
enemy,  or  to  any  person  whom  he  may  have  reasonable  cause  to  be- 
lieve to  be  an  enemy  or  ally  of  enemy,  shall,  with  such  exceptions  and 
under  such  rules  and  regulations  as  the  President  shall  prescribe, 
and  within  30  days  after  the  passage  of  this  act,  or  within  30  days 
after  such  property  shall  come  within  his  custody  or  control,  or  after 
such  debt  shall  become  due,  report  the  fact  to  the  alien  property  cus- 


UNITED   STATES  OF   AMERICA.  441 

todian  by  written  statement  under  oath  containing  such  particulars  as 
said  custodian  shall  require.  The  President  may  also  require  a  simi- 
lar report  of  all  property  so  held,  of,  for  or  on  behalf  of,  and  of  all 
debts  so  owed  to,  any  person  now  defined  as  an  enemy  or  ally  of 
enemy,  on  February  3,  1917:  Provided,  That  the  name  of  any  perso;i 
shall  be  stricken  from  the  said  report  by -the  alien  property  custo- 
dian, either  temporarily  or  permanently,  when  he  shall  be  satisfied 
that  such  person  is  not  an  enemy  or  ally  of  enemy.  The  President 
may  extend  the  time  for  filing  the  lists -or  reports  required  by  this 
section  for  an  additional  period  not  exceeding  90  days. 

(b)  Nothing  in  this  act  contained  shall  render  valid  or  legal,  or 
be  construed  to  recognize  as  valid  or  legal,  any  act  or  transaction 
constituting  trade  with,  to,  from,  for  or  on  account  of,  or  on  behalf 
or  for  the  benefit  of  an  enemy  performed  or  engaged  in  since  the 
beginning  of  the  war  and  prior  to  the  passage  of  this  act,  or  any  such 
act  or  transaction  hereafter  performed  or  engaged  in  except  as  au- 
thorized hereunder,  which  would  otherwise  have  been  or  be  void, 
illegal,  or  invalid  at  law.  No  conveyance,  transfer,  delivery,  pay- 
ment, or  loan  of  money  or  other  property,  in  violation  of  section  3 
hereof,  made  after  the  passage  of  this  act,  and  not  under  license  as 
herein  provided  shall  confer  or  create  any  right  or  remedy  in  respect 
thereof;  and  no  person  shall  by  virtue  of  any  assignment,  indorse- 
ment, or  delivery  to  him  of  any  debt,  bill,  note,  or  other  obligation 
or  chose  in  action  by,  from,  or  on  behalf  of,  or  on  account  of,  or  for 
the  benefit  of  an  enemy  or  ally  of  enemy  have  any  right  or  remedy 
against  the  debtor,  obligor,  or  other  person  liable  to  pay,  fulfill,  or 
perform  the  same  unless  said  assignment,  indorsement,  or  delivery 
was  made  prior  to  the  beginning  of  the  war  or  shall  be  made  under 
license  as  herein  provided,  or  unless,  if  made  after  the  beginning  of 
the  war  and  prior  to  the  date  of  passage  of  this  act,  the  person  to 
whom  the  same  was  made  shall  prove  lack  of  knowledge  and  of 
reasonable  cause  to  believe  on  his  part  that  the  same  was  made  by, 
from  or  on  behalf  of,  or  on  account  of,  or  for  the  benefit  of  an 
enemy  or  ally  of  enemy;  and  any  person  who  knowingly  pays,  dis- 
charges, or  satisfies  any  such  debt,  note,  bill,  or  other  obligation  or 
chose  in  action  shall,  on  conviction  thereof,  be  deemed  to  violate 
section  3  hereof :  Provided,  That  nothing  in  this  act  contained  shall 
prevent  the  carrying  out,  completion,  or  performance  of  any  con- 
tract, agreement,  or  obligation  originally  made  with  or  entered  into 
by  an  enemy  or  ally  of  enemy  where,  prior  to  the  beginning  of  the 
war  and  not  in  contemplation  thereof,  the  interest  of  such  enemy  or 
ally  of  enemy  devolved  by  assignment  or  otherwise  upon  a  person 
not  an  enemy  or  ally  of  enemy,  and  no  enemy  or  ally  of  enemy  will 
be  benefited  by  such  carrying  out,  completion,  or  performance  other- 
wise than  by  release  from  obligation  thereunder. 


442  UNITED  STATES  OF   AMERICA. 

Nothing  in  this  act  shall  be  deemed  to  prevent  payment  of  money 
belonging  or  owing  to  an  enemy  or  ally  of  enemy  to  a  person  within 
the  United  States  not  an  enemy  or  ally  of  enemy,  for  the  benefit  of 
such  person  or  of  any  other  person  within  the  United  States,  not  an 
enemy  or  ally  of  enemy,  if  the  funds  so  paid  shall  have  been  received 
prior  to  the  beginning  of  the  war  and  such  payments  arise  out  of 
transactions  entered  into  prior  to  the  beginning  of  the  war,  and  not 
in  contemplation  thereof:  Provided,  That  such  payment  shall  not 
be  made  without  the  license  of  the  President,  general  or  special,  as 
provided  in  this  act. 

Nothing  in  this  act  shall  be  deemed  to  authorize  the  prosecution  of 
any  suit  or  action  at  law  or  in  equity  in  any  court  within  the  United 
States  by  an  enemy  or  ally  of  enemy  prior  to  the  end  of  the  war, 
except  as  provided  in  section  10  hereof :  Provided,  however,  That  an 
enemy  or  ally  of  enemy  licensed  to  do  business  under  this  act  may 
prosecute  and  maintain  any  such  suit  or  action  so  far  as  the  same 
arises  solely  out  of  the  business  transacted  within  the  United  States 
under  such  license  and  so  long  as  such  license  remains  in  full  force 
and  effect:  And  provided  further,  That  an  enemy  or  ally  of  enemy 
may  defend  by  counsel  any  suit  in  equity  or  action  at  law  which  may 
be  brought  against  him. 

Receipt  of  notice  from  the  President  to  the  effect  that  he  has  rea- 
sonable ground  to  believe  that  any  person  is  an  enemy  or  ally  of 
enemy  shall  be  prima  facie  defense  to  anyone  receiving  the  same,  in 
any  suit  or  action  at  law  or  in  equity  brought  or  maintained,  or  to 
any  right  or  set-off  or  recoupment  asserted  by,  such  person  and  based 
on  failure  to  complete  or  perform  since  the  beginning  of  the  war  any 
contract  or  other  obligation.  In  any  prosecution  under  section  16 
hereof,  proof  of  receipt  of  notice  from  the  President  to  the  effect  that 
he  has  reasonable  cause  to  believe  that  any  person  is  an  enemy  or  ally 
of  enemy  shall  be  prima  facie  evidence  that  the  person  receiving 
such  notice  has  reasonable  cause  to  believe  such  other  person  to  be 
an  enemy  or  alty  of  enemy  within  the  meaning  of  section  3  hereof. 

(c)  If  the  President  shall  so  require,  any  money  or  other  property 
owing  or  belonging  to  or  held  for,  by,  on  account  of,  or  on  behalf  of, 
or  for  the  benefit  of  an  enemy  or  ally  of  enemy  not  holding  a  license 
granted  by  the  President  hereunder,  which  the  President  after  inves- 
tigation shall  determine  is  so  owing  or  so  belongs,  or  is  so  held,  shall 
be  conveyed,  transferred,  assigned,  delivered,  or  paid  over  to  the 
alien  property  custodian. 

(d)  If  not  required  to  pay,  convey,  transfer,  assign,  or  deliver  un- 
der the  provisions  of  subsection  (c)  hereof,  any  person  not  an  enemy 
or  ally  of  enemy  who  owes  to,  or  holds  for,  or  on  account  of,  or  on  be- 
half of,  or  for  the  benefit  of  an  enemy  or  of  an  ally  of  enemy  not 


UNITED   STATES  OF   AMEKICA.  443 

holding  a  license  granted  by  the  President  hereunder,  any  money  or^ 
other  property,  or  to  whom  any  obligation  or  form  of  liability  to 
such  enemy  or  ally  of  enemy  is  presented  for  payment,  may,  at  his 
option,  with  the  consent  of  the  President,  pay,  convey,  transfer,  as- 
sign, or  deliver  to  the  alien-property  custodian  said  money  or  other 
property  under  such  rules  and  regulations  as  the  President  shall  pre- 
scribe. 

(e)  No  person  shall  be  held  liable  in  any  court  for  or  in  respect  to 
anything  done  or  omitted  in  pursuance  of  any  order,  rule,  or  regula- 
tion made  by  the  President  under  the  authority  of  this  act. 

Any  payment,  conveyance,  transfer,  assignment,  or  delivery  of 
money  or  property  made  to  the  alien  property  custodian  hereunder 
shall  be  a  full  acquittance  and  discharge  for  all  purposes  of  the  obli- 
gation of  the  person  making  the  same  to  the  extent  of  same.  The 
alien  property  custodian  and  such  other  persons  as  the  President  may 
appoint  shall  have  power  to  execute,  acknowledge,  and  deliver  any 
such  instrument  or  instruments  as  may  be  necessary  or  proper  to  evi- 
dence upon  the  record  or  otherwise  such  acquittance  and  discharge, 
and  shall,  in  case  of  payment  to  the  alien  property  custodian  of  any 
debt  or  obligation  owed  to  an  enemy  or  ally  of  enemy,  deliver  up  any 
notes,  bonds,  or  other  evidences  of  indebtedness  or  obligation,  or  any 
security  therefor  in  which  such  enemy  or  ally  of  enemy  had  any  right 
or  interest  that  may  have  come  into  the  possession  of  the  alien  prop- 
erty custodian,  with  like  effect  as  if  he  or  they,  respectively,  were 
duly  appointed  by  the  enemy  or  ally  of  enemy,  creditor,  or  obligee. 
The  President  shall  issue  to  every  person  so  appointed  a  certificate 
of  the  appointment  and  authority  of  such  person,  and  such  certificate 
shall  be  received  in  evidence  in  all  courts  within  the  United  States. 
Whenever  any  such  certificate  of  authority  shall  be  offered  to  any 
registrar,  clerk,  or  other  recording  officer,  Federal  or  otherwise, 
within  the  United  States,  such  officer  shall  record  the  same  in  like 
manner  as  a  power  of  attorney,  and  such  record  or  a  duly  certified 
copy  thereof  shall  be  received  in  evidence  in  all  courts  of  the  United 
States  or  other  courts  within  the  United  States. 

SEC.  8.  (a)  That  any  person  not  an  enemy  or  ally  of  enemy  hold- 
ing a  lawful  mortgage,  pledge,  or  lien,  or  other  right  in  the  nature  of 
security  in  property  of  an  enemy  or  ally  of  enemy  which,  by  law  or 
by  the  terms  of  the  instrument  creating  such  mortgage,,  pledge,  or 
lien,  or  right,  may  be  disposed  of  on  notice  or  presentation  or  de- 
mand, and  any  person  not  on  enemy  or  ally  of  enemy  who  is  a  party 
to  any  lawful  contract  with  an  enemy  or  ally  of  enemy,  the  terms 
of  which  provide  for  a  termination  thereof  upon  notice  or  for  accel- 
eration of  maturity  on  presentation  or  demand,  may  continue  to  hold 
said  property,  and,  after  default,  may  dispose  of  the  property  in  ac- 
cordance with  law  or  may  terminate  or  mature  such  contract  by 


444 


UNITED  STATES  OF  AMEBICA. 


notice  or  presentation  or  demand  served  or  made  on  the  alien  prop- 
erty custodian  in  accordance  with  the  law  and  terms  of  such  instru- 
ment or  contract  and  under  such  rules  and  regulations  as  the  Presi- 
dent shall  prescribe;  and  such  notice  and  such  presentation  and  de- 
mand shall  have,  in  all  respects,  the  same  force  and  effect  as  if  duly 
served  or  made  upon  the  enemy  or  ally  of  enemy  personally:  Pro- 
vided, That  no  such  rule  or  regulation  shall  require  that  notice  or 
presentation  or  demand  shall  be  served  or  made  in  any  case  in  which, 
by  law  or  by  the  terms  of  said  instrument  or  contract,  no  notice, 
presentation,  or  demand  was,  prior  to  the  passage  of  this  act.  re- 
quired ;  and  that  in  case  where,  by  law  or  by  the  terms  of  such  instru- 
ment or  contract,  notice  is  required,  no  longer  period  of  notice  shall 
be  required:  Provided  further,  That  if,  on  any  such  disposition  of 
property,  a  surplus  shall  remain  after  the  satisfaction  of  the  mort- 
gage, pledge,  lien,  or  other  right  in  the  nature  of  security,  notice  of 
that  fact  shall  be  given  to  the  President  pursuant  to  such  rules  and 
regulations  as  he  may  prescribe,  and  such  surplus  shall  be  held  sub- 
ject to  his  further  order. 

(&)  That  any  contract  entered  into  prior  to  the  beginning  of  the 
war  between  any  citizen  of  the  United  States  or  .any  corporation 
organized  within  the  United  States,  and  an  enemy  or  ally  of  an 
enemy,  the  terms  of  which  provide  for  the  delivery,  during  or  after 
any  war  in  which  a  present  enemy  or  ally  of  enemy  nation  has  been 
or  is  now  engaged,  of  anything  produced,  mined,  or  manufactured  in 
the  United  States,  may  be  abrogated  by  such  citizen  or  corporation 
by  serving  30  days'  notice  in  writing  upon  the  alien-property  cus- 
todian of  his  or  its  election  to  abrogate  such  contract. 

(c)  The  running  of  any  statute  of  limitations  shall  be  suspended 
with  reference  to  the  rights  or  remedies  on  any  contract  or  obliga- 
tion entered  into  prior  to  the  beginning  of  the  war  between  parties 
neither  of  whom  is  an  enemy  or  ally  of  enemy,  and  containing  any 
promise  to  pay  or  liability  for  payment  which  is  evidenced  by  drafts 
or  other  commerical  paper  drawn  against  or  secured  by  funds  or 
other  property  situated  in  an  enemy  or  ally  of  enemy  country,  and 
no  suit  shall  be  maintained  on  any  such  contract  or  obligation  in  any 
court  within  the  United  States  until  after  the  end  of  the  war,  or  until 
the  said  funds  or  property  shall  be  released  for  the  payment  or  sat- 
isfaction of  such  contract  or  obligation:  Provided,  however,  That 
nothing  herein  contained  shall  be  construed  to  prevent  the  suspension 
of  the  running  of  the  statute  of  limitations  in  all  other  cases  where 
such  suspension  would  occur  under  existing  law. 

SEC.  9.  That  any  person,  not  an  enemy,  or  ally  of  enemy,  claiming 
any  interest,  right,  or  title  in  any  money  or  other  property  which 
may  have  been  conveyed,  transferred,  assigned,  delivered,  or  paid  to 
the  alien  property  custodian  hereunder,  and  held  by  him  or  by  the 


UNITED   STATES   OF   AMEBICA.  445 

Treasurer  of  the  United  States,  or  to  whom  any  debt  may  be  owing 
from  an  enemy,  or  ally  of  enemy,  whose  property  or  any  part  thereof 
shall  have  been  conveyed,  transferred,  assigned,  delivered,  or  paid  to' 
the  alien  property  custodian  hereunder,  and  held  by  him  or  by  the 
Treasurer  of  the  United  States,  may  file  with  the  said  custodian  a 
notice  of  his  claim  under  oath  and  in  such  form  and  containing  such 
particulars  as  the  said  custodian  shall  require ;  and  the  President,  if 
application  is  made  therefor  by  the  claimant,  may,  with  the  assent 
of  the  owner  of  said  property  and  of  all  persons  claiming  any  right, 
title,  or  interest  therein,  order  the  payment,  conveyance,  transfer,  as- 
signment, or  delivery  to  said  claimant  of  the  money  or  other  property 
so  held  by  the  alien  property  custodian  or  by  the  Treasurer  of  the 
United  States  or  of  the  interest  therein  to  which  the  President  shall 
determine  said  claimant  is  entitled :  Provided,  That  no  such  order  by 
the  President  shall  bar  any  person  from  the  prosecution  of  any  suit 
at  law  or  in  equity  against  the  claimant  to  establish  any  right,  title, 
or  interest  which  he  may  have  in  such  money  or  other  property.  If 
the  President  shall  not  so  order  within  60  days  after  the  filing  of 
such  application,  or  if  the  claimant  shall  have  filed  the  notice  as 
above  required  and  shall  have  made  no  application  to  the  President, 
said  claimant  may,  at  any  time  before  the  expiration  of  six  months 
after  the  end  of  the  war,  institute  a  suit  in  equity  in  the  district 
court  pf  the  United  States  for  the  district  in  which  such  claimant  re- 
sides, or  if  a  corporation,  \vhere  it  has  its  principal  place  of  business 
(to  which  suit  the  alien  property  custodian  or  the  Treasurer  of  the 
United  States,  as  the  case  may  be,  shall  be  made  a  party  defendant), 
to  establish  the  interest,  right,  title,  or  debt  so  claimed,  and  if  suit 
shall  be  so  instituted  then  the  money  or  other  property  of  the  enemy, 
or  ally  of  enemy,  against  whom  such  interest,  right,  or  title  is  as- 
serted, or  debt  claimed,  shall  be  retained  in  the  custody  of  the  alien 
property  custodian,  or  in  the  Treasury  of  the  United  States,  as  pro- 
vided in  this  act,  and  until  any  final  judgment  or  decree  which  shall 
be  entered  in  favor  of  the  claimant  shall  be  fully  satisfied  by  payment 
or  conveyance,  transfer,  assignment,  or  delivery  by  the  defendant  or 
by  the  alien  property  custodian  or  Treasurer  of  the  United  States 
on  order  of  the  court,  or  until  final  judgment  or  decree  shall  be  en- 
tered against  the  claimant  or  suit  otherwise  terminated. 

Except  as  herein  provided,  the  money  or  other  property  conveyed, 
transferred,  assigned,  delivered,  or  paid  to  the  alien  property  cus- 
todian shall  not  be  liable  to  lien,  attachment,  garnishment,  trustee 
process,  or  execution,  or  subject  to  any  order  or  decree  of  any  court. 

This  section  shall  not  apply,  however,  to  money  paid  to  the  alien 
property  custodian  under  section  10  hereof. 

SEC.  10.  That  nothing  contained  in  this  act  shall  be  held  to  make 
unlawful  any  of  the  following  acts: 


446  UNITED  STATES  OF  AMERICA. 

(a)  An  enemy,  or  ally  of  enemy,  may  file  and  prosecute  in  the 
United  States  an  application  for  letters  patent,  or  for  registration  of 
trade-mark,  print,  label,  or  copyright,  and  may  pay  any  fees  therefor 
in  accordance  with  and  as  required  by  the  provisions  of  existing  law 
and  fees  for  attorneys  or  agents  for  filing  and  prosecuting  such  ap- 
plications.   Any  such  enemy,  or  ally  of  enemy,  who  is  unable  dur- 
ing war,  or  within  six  months  thereafter,  on  account  of  conditions 
arising  out  of  war,  to  file  any  such  application,  or  to  pay  any  official 
fee,  or  to  take  any  action  required  by  law  within  the  period  prescribed 
by  law,  may  be  granted  an  extension  of  nine  months  beyond  the 
expiration  of  said  period,  provided  the  nation  of  which  the  said  ap- 
plicant is  a  citizen,  subject,  or  corporation  shall  extend  substantially 
similar  privileges  to  citizens  and  corporations  of  the  United  States. 

(b)  Any  citizen  of  the  United  States,  or  any  corporation  organized 
within  the  United  States,  may,  when  duly  authorized  by  the  Presi- 
dent, pay  to  an  enemy  or  ally  of  enemy  any  tax,  annuity,  or  fee  which 
may  be  required  by  the  laws  of  such  enemy  or  ally  enemy  nation  in 
relation  to  patents  and  trade-marks,  prints,  labels,  and  copyrights; 
and  any  such  citizen  or  corporation  may  file  and  prosecute  an  appli- 
cation for  letters  patent  or  for  registration  of  trade-mark,  print, 
label,  or  copyright  in  the  country  of  an  enemy,  or  of  an  ally  of  enemy 
after  first  submitting  such  application  to  the  President  and  receiving 
license  so  to  file  and  prosecute,  and  to  pay  the  fees  required  by  law 
and  customary  agents'  fees,  the  maximum  amount  of  which  in  each 
case  shall  be  subject  to  the  control  of  the  President. 

(c)  Any  citizen  of  the  United  States  or  any  corporation  organ- 
ized within  the  United  States  desiring  to  manufacture,  or  cause  to  be 
manufactured,  a  machine,  manufacture,  composition  of  matter,  or  de- 
sign, or  to  carry  on,  or  to  Use  any  trade-mark,  print,  label,  or  caus3 
to  be  carried  on,  a  process  under  any  patent  or  copyrighted  matter 
owned  or  controlled  by  an  enemy  or  ally  of  enemy  at  any  time  dur- 
ing the  existence  of  a  state  of  war  may  apply  to  the  President  for  a 
license ;  and  the  President  is  hereby  authorized  to  grant  such  a  license, 
nonexclusive  or  exclusive  as  he  shall  deem  best,  provided  hs  shall  be 
of  the  opinion  that  such  grant  is  for  the  public  welfare,  and  that  the 
applicant  is  able  and  intends  in  good  faith  to  manufacture,  or  causa 
to  be  manufactured,  the  machine,  manufacture,  composition  of  mat- 
ter, or  design,  or  to  carry  on,  or  cause  to  be  carried  on,  the  process 
or  to  use  the  trade-mark,  print,  label,  or  copyrighted  matter.    The 
President  may  prescribe  the  conditions  of  this  license,  including  the 
fixing  of  prices  of  articles  and  products  necessary  to  the  health  of  the 
military  and  naval  forces  of  the  United  States  or  the  successful 
prosecution  of  the  war,  and  the  rules  and  regulations  under  which 
such  license  may  be  granted  and  the  fee  which  shall  be  charged 
therefor,  not  exceeding  $100,  and  not  exceeding  1  per  cent  of  the  fund 


UNITED   STATES  OF  AMERICA.  447 

deposited  as  hereinafter  provided.  Such  license  shall  be  a  complete 
defense  to  any  suit  at  law  or  in  equity  instituted  by  the  enemy  or 
ally  of  enemy  owners  of  the  letters  patent,  trade-mark,  print,  label, 
or  copyright,  or  otherwise,  against  the  licensee  for  infringement  or 
for  damages,  royalty,  or  other  money  award  on  account  of  anything 
done  by  the  licensee  under  such  license,  except  as  provided  in  sub- 
section (/)  hereof. 

(d)  The  licensee  shall  file  with  the  President  a  full  statement  of 
the  extent  of  the  use  and  enjoyment  of  the  license,  and  of  the  prices 
received  in  such  form  and  at  such  stated  periods  (at  least  annually) 
as  the  President  may  prescribe;  and  the  licensee  shall  pay  at  such 
times  as  may  be  required  to  the  Alien  Property  Custodian  not  to 
exceed  5'  per  cent  of  the  gross  sums  received  by  the  licensee  from  the 
sale  of  said  inventions  or  use  of  the  trade-mark,  print,  label,  or  copy- 
righted matter,  or,  if  the  President  shall  so  order,  5  per  cent  of  the 
value  of  the  use  of  such  inventions,  trade-marks,  prints,  labels,  or 
copyrighted  matter  to  the  licensee  as  established  by  the  President ; 
and  sums  so  paid  shall  be  deposited  by  said  Alien  Property  Custodian 
forthwith  in  the  Treasury  of  the  United  States  as  a  trust  fund  for 
the  said  licensee  and  for  the  owner  of  the  said  patent,  trade-mark, 
print,  label,  or  copyright  registration  as  hereinafter  provided,  to  be 
paid  from  the  Treasury  upon  order  of  the  court  as  provided  in  sub- 
division (/)  of  this  section,  or  upon  the  direction  of  the  Alien  Prop- 
erty Custodian. 

(c)  Unless  surrendered  or  terminated  as  provided  in  this  act,  any 
license  granted  hereunder  shall  continue  during  the  term  fixed  in  the 
license  or  in  the  absence  of  any  such  limitation  during  the  term  of 
the  patent,  trade-mark,  print,  label,  or  copyright  registration  under 
which  it  is  granted.  Upon  violation  by  the  licensee  of  any  of  .the 
provisions  of  this  act,  or  of  the  conditions  of  the  license,  the  Presi- 
dent may,  after  due  notice  and  hearing,  cancel  any  license  granted 
by  him. 

(/)  The  owner  of  any  patent,  trade-mark,  print,  label,  or  copy- 
right under  which  a  license  is  granted  hereunder  may,  after  the  end 
war  and  until  the  expiration  of  one  year  thereafter,  file  a  bill  in 
equity  against  the  licensee  in  the  district  court  of  the  United  States 
for  the  district  in  which  the  said 'licensee  resides,  or,  if  a  corporation, 
in  which  it  has  its  principal  place  of  business  (to  which  suit  the 
Treasurer  of  the  United  States  shall  be  made  a  party),  for  recovery 
from  the  said  licensee  for  all  use  and  enjoyment  of  the  said  patented 
invention,  trade-mark,  print,  label,  or  copyrighted  matter:  Pro- 
vided, however,  That  whenever  suit  is  brought,  as  above,  notice  shall 
be  filed  with  the  Alien  Property  Custodian  within  thirty  days  after 
the  date  of  entry  of  suit:  Provided  further,  That  the  licensee  may 
make  any  and  all  defenses  which  would  be  available  were  no  license 
93169—19 29 


448  UNITED  STATES  OF  AMERICA. 

granted.  The  court  on  due  proceedings  had  may  adjudge  and  decree 
to  the  said  owner  pa}<ment  of  a  reasonable  royalty.  The  amount  of 
said  judgment  and  decree,  when  final,  shall  be  paid  on  order  of  the 
court  to  the  owner  of  the  patent  from  the  fund  deposited  by  the 
licensee,,  so  far  as  such  deposit  will  satisfy  said  judgment  and  decree; 
and  the  said  payment  shall  be  in  full  or  partial  satisfaction  of  said 
judgment  and  decree,  as  the  facts  may  appear;  and  if,  after  payment 
of  all  such  judgments  and  decrees,  there  shall  remain  any  balance  of 
said  deposit,  such  balance  shall  be  repaid  to  the  licensee  on  order 
of  the  Alien  Property  Custodian.  If  no  suit  is  brought  within  one 
year  after  the  end  of  the  war,  or  no  notice  is  filed  as  above  required, 
then  the  licensee  shall  not  be  liable  to  make  any  further  deposits,  and 
all  funds  deposited  by  him  shall  be  repaid  to  him  on  order  of  the 
Alien  Property  Custodian.  Upon  entry  of  suit  and  notice  filed  as 
above  required,  or  upon  repayment  of  funds  as  above  provided,  the 
liability  of  the  licensee  to  make  further  reports  to  the  President 
shall  cease. 

If  suit  is  brought  as  above  provided,  the  court  may,  at  any  time, 
terminate  the  license,  and  may,  in  such  event,  issue  an  injunction  to 
restrain  the  licensee  from  infringement  thereafter,  or  the  court,  in 
case  the  licensee,  prior  to  suit,  shall  have  made  investment  of  capital 
based  on  possession  of  the  license,  may  continue  the  license  for  such 
period  and  upon  such  terms  and  with  such  royalties  as  it  shall  find 
to  be  just  and  reasonable. 

(g)  Any  enemy,  or  ally  of  enemy,  may  institute  and  prosecute  suits 
in  equity  against  any  person  other  than  a  licensee  under  this  act  to 
enjoin  infringement  of  letters  patent,  trade-mark,  print,  label,  and 
copyrights  in  the  United  States  owned  or  controlled  by  said  enemy 
or  ally  of  enemy,  in  the  same  manner  and  to  the  extent  that  he  would 
be  entitled  so  to  do  if  the  United  States  was  not  at  war:  Provided, 
That  no  final  judgment  or  decree  shall  be  entered  in  favor  of  such 
enemy  or  ally  of  enemy  by  any  court  except  after  30  days'  notice  to 
the  Alien  Property  Custodian.  Such  notice  shall  be  in  writing  and 
shall  be  served  in  the  same  manner  as  civil  process  of  Federal  courts. 

(Ji)  All  powers  of  attorney  heretofore  or  hereafter  granted  by  an 
enemy  or  ally  of  enemy  to  any  person  within  the  United  States,  in 
so  far  as  they  may  be  requisite  to  the  performance  of  acts  authorized 
in  subsections  (a)  and  (g)  of  this  section,  shall  be  valid. 

(i)  Whenever  the  publication  of  an  invention  by  the  granting  of 
a  patent  may,  in  the  opinion  of  the  President,  be  detrimental  to  the 
public  safety  or  defense,  or  may  assist  the  enemy  or  endanger  the  suc- 
cessful prosecution  of  the  war,  he  may  order  that  the  invention  be 
kept  secret  and  withhold  the  grant  of  a  patent  until  the  end  of  the 
war:  Provided,  That  the  invention  disclosed  in  the  application  for 


UNITED  STATES   OF   AMERICA.  449 

said  patent  may  be  held  abandoned  upon  it  being  established  before 
or  by  the  Commissioner  of  Patents  that, v  in  violation  of  said  order, 
said  invention  has  been  published  or  that  an  application  for  a  patent 
therefor  has  been  filed  in  any  other  country,  by  the  inventor  or  his 
assigns  or  legal  representatives,  without  the  consent  or  approval  of 
the  commissioner  or  under  a  license  of  the  President. 

When  an  applicant  whose  patent  is  withheld  as  herein  provided 
and  who  faithfully  obeys  the  order  of  the  President  above  referred  to 
shall  tender  his  invention  to  the  Government  of  the  United  States 
for  its  use,  he  shall,  if  he  ultimately  receives  a  patent,  have  the  right 
to  sue  for  compensation  in  the  Court  of  Claims,  such  right  to  com- 
pensation to  begin  from  the  date  of  the  use  of  the  invention  by  the 
Government. 

SEC.  11.  Whenever  during  the  present  war  the  President  shall  find 
that  the  public  safety  so  requires  and  shall  make  proclamation  thereof 
it  shall  be  unlawful  to  import  into  the  United  States  from  any 
country  named  in  such  proclamation  any  article  or  articles  mentioned 
in  such  proclamation  except  at  such  time  or  times,  and  under  such 
regulations  or  orders,  and  subject  to  such  limitations  and  exceptions 
as  the  President  shall  prescribe,  until  otherwise  ordered  by  the  Presi- 
dent or  by  Congress :  Provided,  hmuever,  That  no  preference  shall  be 
given  to  the  ports  of  one  State  over  those  of  another. 

SEC.  12.  That  all  moneys  (including  checks  and  drafts  payable 
on  demand)  paid  to  or  received  by  the  Alien  Property  Custodian  pur- 
suant to  this  act  shall  be  deposited  forthwith  in  the  Treasury  of  the 
United  States,  .and  may  be  invested  and  reinvested  by  the  Secretary 
of  the  Treasury  in  United  States  bonds  or  United  States  certificates 
of  indebtedness,  under  such  rules  and  regulations  as  the  President  shall 
prescribe  for  such  deposit,  investment,  and  sale  of  s*ecurities ;  and  as 
soon  after  the  end  of  the  war  as  the  President  shall  deem  practicable 
such  securities  shall  be  sold  and  the  proceeds  deposited  in  the 
Treasury. 

All  other  property  of  an  enemy,  or  ally  of  enemy ,  conveyed,  trans- 
ferred, assigned,  delivered,  or  paid  to  the  Alien  Property  Custodian 
hereunder  shall  be  safely  held  and  administered  by  him  except  as 
hereinafter  provided ;  and  the  President  is  authorized  to  designate  as 
a  depositary,  or  depositaries,  of  property  of  an  enemy  or  ally  of 
enemy,  any  bank,  or  banks,  or  trust  company,  or  trust  companies,  or 
ether  suitable  depositary  or  depositaries,  located  and  doing  business 
in  the  United  States.  The  Alien  Property  Custodian  may  deposit  with 
such  designated  depositary  or  depositaries,  or  with  the  Secretary  of  the 
Treasury,  any  stocks,  bonds,  notes,  time  drafts,  time  bills  of  exchange, 
or  other  securities,  or  property  (except  money  or  checks  or  drafts  pay- 
able on  demand  which  are  required  to  be  deposited  with  the  Secretary 


450  UNITED  STATES  OF  AMERICA. 

of  the  Treasury),  and  such  depositary  or  depositaries  shall  be  author- 
ized and  empowered  to  collect  any  dividends  or  interest  or  income 
that  may  become  due  and  an}T  maturing  obligations  held  for  the  ac- 
count of  such  custodian.  Any  moneys  collected  on  said  account  shall 
be  paid  and  deposited  forthwith  by  said  depositary  or  by  the  Alien 
Property  Custodian  into  the  Treasury  of  the  United  States  as  herein- 
before provided. 

The  President  shall  require  all  such  designated  depositaries  to  exe- 
cute and  file  bonds  sufficient  in  his  judgment  to  protect  propert}^  on 
deposit,  such  bonds  to  be  conditioned  as  he  may  direct. 

The  Alien  Property  Custodian  shall  be  vested  with  all  of  the  powers 
of  a  common-law  trustee  in  respect  of  all  property,  other  than  money, 
which  shall  come  into  his  possession  in  pursuance  of  the  provisions 
of  this  act,  and,  acting  under  the  supervision  and  direction  of  the 
President,  and  under  such  rules  and  regulations  as  the  President  shall 
prescribe,  may  manage  such  property  and  do  any  act  or  things  in 
respect  thereof  or  make  any  disposition  thereof  or  of  any  part  there- 
of, by  sale  or  otherwise,  and  exercise  any  rights  which  may  be  or 
become  appurtenant  thereto  or  to  the  ownership  thereof,  if  and  when 
necessary  to  prevent  waste  and  protect  such  property  and  to  the  end 
that  interests  to  the  United  States  in  such  people  a-nd  rights  or  of 
such  person  as  may  ultimately  become  entitled  thereto,  or  to  the 
proceeds  thereof,  may  be  preserved  and  safeguarded.  It  shall  be  the 
duty  of  every  corporation  incorporated  within  the  United  States  and 
every  unincorporated  association,  or  company,  or  trustee,  or  trustees 
within  the  United  States  issuing  shares  or  certificates  representing 
beneficial  interests  to  transfer  such  shares  or  certificates  upon  its,  his, 
or  their  books  into  the  name  of  the  Alien  Property  Custodian  upon 
demand,  accompanied  by  the  presentation  of  the  certificates  which 
represent  such  shares  or  beneficial  interests.  The  Alien  Property 
Custodian  shall  forthwith  deposit  in  the  Treasury  of  the  United 
States,  as  hereinbefore  provided,  the  proceeds  of  any  such  property  or 
rights  so  sold  by  him. 

Any  money  or  property  required  or  authorized  by  the  provisions 
of  this  act  to  be  paid,  conveyed,  transferred,  assigned,  or  delivered 
to  the  Alien  Property  Custodian  shall,  if  said  custodian  shall  so  direct 
by  written  order,  be  paid,  conveyed,  transferred,  assigned,  or  deliv- 
ered to  the  Treasurer  of  the  United  States  with  the  same  effect  as  if 
to  the  Alien  Property  Custodian. 

After  the  end  of  the  war  any  claim  of  any  enemy  or  of  an  ally  of 
enemy  to  any  money  or  other  property  received  and  held  by  the  Alien 
Property  Custodian  or  deposited  in  the  United  StatesTreasury,  shall 
be  settled  as  Congress  shall  direct :  Provided,  however,  That  on  order 
of  the  President  as  set  forth  in  section  9  hereof,  or  of  the  court,  as 
set  forth  in  sections  9  and  10  hereof,  the  Alien  Property  Custodian  or 


UNITED  STATES   OF   AMERICA.  451 

the  Treasurer  of  the  United  States,  as  the  case  may  be,  shall  forth- 
with convey,  transfer,  assign,  and  pay  to  the  person  to  whom  the 
President  shall  so  order,  or  in  whose  behalf  the  court  shall  enter 
final  judgment  or  decree,,  any  property  of  an  enemy  or  ally  of  enemy 
held  by  said  custodian  or  by  said  Treasurer,  so  far  as  may  be  neces- 
sary to  comply  with  said  order  of  the  President  or  said  final  judg- 
ment or  decree  of  the  court :  And  provided  further,  That  the  Treas- 
urer of  the  United  States,  on  order  of  the  Alien  Property  Custodian 
shall,  as  provided  in  section  10  hereof,  repay  to  the  licensee  any  funds 
deposited  by  said  licensee. 

SEC.  13.  That,  during  the  present  war,  in  addition  to  the  facts  re- 
quired by  sections  4197,  4198  and  4200  of  the  Revised  Statutes,  as 
amended  by  the  act  of  June  15.  1917.  to  be  set  out  in  the  master's  and 
shipper's  manifests  before  clearance  will  be  issued  to  vessels  bound 
to  foreign  ports,  the  master  or  person  in  charge  of  any  vessel,  before 
departure  of  such  vessel  from  port,  shall  deliver  to  the  collector  of 
customs  of  the  district  ^herein  such  vessel  is  located  a  statement  duly 
verified  by  oath  that  the  cargo  is  not  shipped  or  to  be  delivered  in 
violation  of  this  act,  and  the  owners,  shippers,  or  consignors  of  the 
cargo  of  such  vessels  shall  in  like  manner  deliver  to  the  collector  like 
statement  under  oath  as  to  the  cargo  or  the  parts  thereof  laden  or 
shipped  by  them,  respectively,  which  statement  shall  contain  also  the 
names  and  addresses  of  the  actual  consignees  of  the  cargo,  or  if  the 
shipment  is  made  to  a  bank  or  other  broker,  factor,  or  agent,  the 
names  and  addresses  of  the  persons  who  are  the  actual  consignees  on 
whose  account  the  shipment  is  made.  The  master  or  person  in  con- 
trol of  the  vessel  shall,  on  reaching  port  of  destination  of  any  of 
the  cargo,  deliver  a  copy  of  the  manifest  and  of  the  said  master's, 
owner's,  shipper's,  or  consignor's  statement  to  the  American  consular 
officer  of  the  district  in  which  the  cargo  is  unladen. 

SEC.  14.  That,  during  the  present  war,  whenever  there  is  reason- 
able cause  to  believe  that  the  manifest  or  the  additional  statements 
under  oath  required  by  the  preceding  section  are  false  or  that  any 
vessel,  domestic  or  foreign,  is  about  to  carry  out  of  the  United  States 
any  property  to  or  for  the  account  or  benefit  of  an  enemy,  or  ally  of 
enemy,  or  any  property  or  person  whose  export,  taking  out,  or 
transport  will  be  in  violation  of  law,  the  collector  of  customs  for  the 
district  in  .which  such  vessel  is  located  is  hereby  authorized  and  em- 
powered subject  to  review  by  the  President  to  refuse  clearance  to  any 
such  vessel,  domestic  or  foreign,  for  which  clearance  is  required  by 
law,  and  by  formal  notice  served  upon  the  owners,  master,  or  person 
or  persons  in  command  or  charge  of  any  domestic  vessel  for  which 
clearance  is  not  required  by  law,  to  forbid  the  departure  of  such  ves- 
sel from  the  port,  and  it  shall  thereupon  be  unlawful  for  such  vessel 
to  depart. 


452  UNITED  STATES  OF   AMEBICA. 

The  collector  of  customs  shall,  during  the  present  war,  in  each  case 
report  to  the  President  the  amount  of  gold  or  silver  coin  or  bullion 
or  other  moneys  of  the  United  States  contained  in  any  cargo  intended 
for  export.  Such  report  shall  include  the  names  and  addresses  of  the 
consignors  and  consignees,  together  with  any  facts  known  to  the 
collector  with  reference  to  such  shipment  and  particularly  those 
which  may  indicate  that  such  gold  or  silver  coin  or  bullion  or  moneys 
of  the  United  States  may  be  intended  for  delivery  or  may  be  de- 
livered, directly  or  indirectly,  to  an  enemy  or  an  ally  of  enemy. 

SEC.  15.  That  the  sum  of  $450,000  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  of  the  United  States  not  otherwise  appro- 
priated, to  be  used  in  the  discretion  of  the  President  for  the  purpose 
of  carrying  out  the  provisions  of  this  act  during  the  fiscal  year  ending 
June  30,  1918,  and  for  the  payment  of  salaries  of  all  persons  em- 
ployed under  this  act,  together  with  the  necessary  expenses  for 
transportation,  subsistence,  rental  of  quarters  in  the  District  of 
Columbia,  books  of  reference,  periodicals,  stationery,  typewriters 
and  exchanges  thereof,  miscellaneous  supplies,  printing  to  be  done 
at  the  Government  Printing  Office,  and  all  other  necessary  expenses 
not  included  in  the  foregoing. 

SEC.  16.  That  whoever  shall  willfully  violate  any  of  the  provisions 
of  this  act  or  of  any  license,  rule,  or  regulation  issued  thereunder, 
and  whoever  shall  willfully  violate,  neglect,  or  refuse  to  comply  with 
any  order  of  the  President  issued  in  compliance  with  the  provisions 
of  this  act,  shall,  upon  conviction,  be  fined  not  more  than  $10,000,  or, 
if  a  natural  person,  imprisoned  for  not  more  than  ten  years,  or  both ; 
and  the  officer,  director,  or  agent  of  any  corporation  who  knowingly 
participates  in  such  violation  shall  be  punished  by  a  like  fine,  im- 
prisonment, or  both,  and  any  property,  funds,  securities,  papers, 
or  other  articles  or  documents,  or  any  vessel,  together  with  her  tackle, 
apparel,  furniture,  -and  equipment,  concerned  in  such  violation  shall 
be  forfeited  to  the  United  States. 

SEC.  17.  That  the  district  courts  of  the  United  States  are  hereby 
given  jurisdiction  to  make  and  enter  all  such  rules  as  to  notice  and 
otherwise,  and  all  such  orders  and  decrees,  and  to  issue  such  process 
as  may  be  necessary  and  proper  in  the  premises  to  enforce  the  pro- 
visions of  this  act,  with  a  right  of  appeal  from  the  final  order  or 
decree  of  such  court  as  provided  in  sections  128  and  238  of  the  act 
of  March  3,  1911,  entitled  "  An  act  to  codify,  revise,  and  amend  the 
laws  relating  to  the  judiciary." 

SEC.  18.  That  the  several  courts  of  first  instance  in  the  Philippine 
Islands  and  the  district  court  of  the  Canal  Zone  shall  have  jurisdic- 
tion of  offenses  under  this  act  committed  within  their  respective 
districts,  and  concurrent  jurisdiction  with  the  district  courts  of  the 
United  States  of  offenses  under  this  act  committed  upon  the  seas 


UNITED   STATES  OF   AMERICA.  453 

and  of  conspiracies  to  commit  such  offenses  as  defined  by  section  37 
of  the  act  entitled  "  An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  approved  March  4,  1909,  and  the  pro- 
visions of  such  section  for  the  purpose  of  this  act  are  hereby  extended 
to  the  Philippine  Islands  and  to  the  Canal  Zone. 

SEC.  19.  That  ten  days  after  the  approval  of  this  act  and  until  the 
end  of  the  war,  it  shall  be  unlawful  for  any  person,  firm,  corporation, 
or  association,  to  print,  publish,  or  circulate,  or  cause  to  be  printed, 
published,  or  circulated  in  any  foreign  language,  any  news  item, 
editorial  or  other  printed  matter,  respecting  the  Government  of  the 
United  States,  or  of  any  nation  engaged  in  the  present  war,  its 
policies,  international  relations,  the  state  or  conduct  of  the  war,  or 
any  matter  relating  thereto:  Provided,  That  tjiis  section  shall  not 
apply  to  any  print,  newspaper,  or  publication  where  the  publisher 
or  distributor  thereof,  on  or  before  offering  the  same  for  mailing, 
or  in  any  manner  distributing  it  to  the  public,  has  filed  with  the 
postmaster  at  the  place  of  publication,  in  the  form  of  an  affidavit,  a 
true  and  complete  translation  of  the  entire  article  containing  such 
matter  proposed  to  be  published  in  such  print,  newspaper,  or  publi- 
cation, and  has  caused  to  be  printed,  in  plain  type  in  the  English 
language,  at  the  head  of  each  such  item,  editorial,  or  other  matter, 
on  each  copy  of  such  print,  newspaper,  or  publication,  the  words 

"True  translation  filed  with  the  postmaster  at on 

(naming  the  post  office  where  the  translation  was  filed,  and  the 

date  of  filing  thereof),  as  required  by  the  act  of (here 

giving  the  date  of  this  act)." 

Any  print,  newspaper,  or  publication  in  any  foreign  language 
which  does  not  conform  to  the  provisions  of  this  section  is  hereby 
declared  to  be  nonmailable,  and  it  shall  be  unlawful  for  any  person, 
firm,  corporation,  or  association,  to  transport,  carry,  or  otherwise 
publish  or  distribute  the  same,  or  to  transport,  carry  or  otherwise 
publish  or  distribute  any  matter  which  is  made  nonmailable  by  the 
provisions*  of  the  act  relating  to  espionage,  approved  June  15,  1917: 
Provided  further,  That  upon  evidence  satisfactory  to  him  that  any 
print,  newspaper,  or  publication  printed  in  a  foreign  language  may 
be  printed,  published,  and  distributed  free  from  the  foregoing  re- 
strictions and  conditions  without  detriment  to  the  United  States 
in  the  conduct  of  the  present  war,  the  President  may  cause  to  be 
issued  to  the  printers  or  publishers  of  such  print,  newspaper,  or 
publication,  a  permit  to  print,  publish,  and  circulate  the  issue, or 
issues  of  their  print,  newspaper,  or  publication,  free  from  such  re- 
strictions and  requirements,  such  permits  to  be  subject  to  revocation 
at  his  discretion.  And  the  Postmaster  General  shall  cause  copies 
of  all  such  permits  and  revocations  of  permits  to  be  furnished  to  the 
postmaster  of  the  post  office  serving  the  .place  from  which  the  print, 


454  UNITED   STATES   OF   AMERICA. 

newspaper,  or  publication,  granted  the  permit  is  to  emanate.  All 
matter  printed,  published,  and  distributed  under  permits  shall  bear 
at  the  head  thereof  in  plain  type  in  the  English  language,  the  words, 
"  Published  and  distributed  under  permit  authorized  by  the  act  of 

(here  giving  date  of  this  act)  on  file  at  the  post  office  of 

(giving  name  of  office)." 

Any  person  who  shall  make  an  affidavit  containing  any  false  state- 
ment in  connection  with  the  translation  provided  for  in  this  section 
shall  be  guilty  of  the  crime  of  perjury  and  subject  to  the  punishment 
provided  therefor  by  section  125  of  the  act  of  March  4,  1909,  entitled 
"An  act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United 
States,"  and  any  person,  firm,  corporation,  or  association,  violating 
any  other  requirement  of  this  section  shall,  on  conviction  thereof, 
be  punished  by  a  fine  of  not  more  than  $500,  or  by  imprisonment  of 
not  more  than  one  year,  or,  in  the  discretion  of  the  court,  may  be 
both  fined  and  imprisoned. 

Approved,  October  6, 1917. 


INDUSTRIAL  PROPERTY — TRADING-WITH-THE-ENEMY  ACT  OF  OCTOBER 
6,  1917 — REGULATION — EXECUTIVE  ORDER  OF  OCTOBER  12,  1917. 

Executive  order  vesting  po\ver  and  authority  in  designated  officers 
and  making  rules  and  regulations  under  trading-wTith-the-enemy  act 
nnd  Title  VII  of  the  act  approved  June  15,  1917. 

By  virtue  of  the  authority  vested  in  me  by  "  An  act  to  define,  regu- 
late, and  punish  trading  with  the  enemy,  and  for  other  purposes," 
approved  October  6,  1917,  and  by  Title  VII  of  the  act  approved  June 
15,  1917,  entitled  "An  act  to  punish  acts  of  interference  with  the 
foreign  relations,  the  neutrality,  and  the  foreign  commerce  of  the 
United  States,  to  punish  espionage  and  better  to  enforce  the  criminal 
laws  of  the  United  States  and  for  other  purposes "  (hereinafter 
designated  as  the  espionage  act),  I  hereby  make  the  following  orders 
and  rules  and  regulations : 

WAR    TRADE    BOARD. 

1.  I  hereby  establish  a  War  Trade  Board  to  be  composed  of  repre- 
sentatives, respectively,  of  the  Secretary  of  State,  of  the  Secretary 
of  Treasury,  of  the  Secretary  of  Agriculture,  of  the  Secretary  of 
Commerce,  of  the  Food  Administrator,  and  of  the  United  States 
Shipping  Board. 

2.  I  hereby  vest  in  said  board  the  power  and  authority  to  issue 
licenses  under  such  terms  and  conditions  as  are  not  inconsistent  with 
law,  or  to  withhold  or  refuse  licenses,  for  the  exportation  of  all 


UNITED   STATES   OF   AMERICA.  455 

articles,  except,  coin,  bullion,  or  currency,  the  exportation  or  taking 
of  which  out  of  the  United  States  may  be  restricted  by  proclamation 
heretofore  or  hereafter  issued  by  me  under  said  Title  VII  of  the 
espionage  act, 

3.  I  further  hereby  vest  in  said  War  Trade  Board  the  power  and 
authority  to  issue,  upon  such  terms  and  conditions  as  are  not  incon- 
sistent with  law,  or  to  withhold  or  refuse,  licenses  for  the  importa- 
tion of  all  articles  the  importation  of  which  may  be  restricted  by  any 
proclamation  hereafter  issued  by  me  under  section  11  of  the  trading- 
with-the-enemy  act. 

4.  I  further  hereby  vest  in  said  War  Trade  Board  the  power  and 
authority  not  vested  in  other  officers  by  subsequent  provisions  of  this 
order,  to  issue,  under  such  terms  and  conditions  as  are  not  incon- 
sistent with  law,  or  to  withhold  or  refuse,  licenses  to  trade  directly 
with,  or  from,  or  for  the  benefit  of,  or  on  behalf  of,  or  for  the  benefit 
of,  any  other  person,  with  knowledge  or  reasonable  cause  to  believe 
that  such  other  person  is  an  enemy  or  ally  of  the  enemy,  or  is  con- 
ducting or  taking  part}  directly  or  indirectly,  for,  or  on  account  of, 
or  on  behalf  of,  or  for  the  benefit  of,  an  enemy  or  ally  of  enemy. 

5.  I  further  hereby  vest  in  said  War  Trade  Board  the  power  and 
authority,  under  such  terms  as  are  not  inconsistent  with  law,  to  issue 
to  every  enemy  or  ally  of  enemy,  other  than  enemy  or  ally  of  enemy 
insurance  or  reinsurance  companies,  doing  business  within  the  United 
States  through  an  agency  or  branch  office,  or  otherwise  applying 
therefor  within  ,30  days  of  October  6,  1917,  licenses,  temporary  or 
otherwise,  to  continue  to  do  business,  or  said  board  may  withhold  or 
refuse  the  same. 

6.  And  I  further  hereby  vest  in  said  War  Trade  Board  the  execu- 
tive administration  of  the  provision  of  section  4  (b)  of  the  tracling- 
with-the-enemy  act  relative  to  granting  licenses  to  enemies  and  enemy 
allies  to  assume  or  use  other  names  than  those  by  which  they  were 
known  at  the  beginning  of  the  war.     And  I  hereby  authorize  said 
board  to  issue  licenses  not  inconsistent  with  the  provisions  of  law  or 
ro  withhold  or  refuse  licenses  to  any  enemy,  or  ally  of  enemy,  or 
partnership  of  which  an  enemy  or  ally  of  enemy  is  a  member  or  was 
a  member  at  the  beginning  of  the  war,  to  assume  or  use  any  name 
other  "than  than  by  which  such  enemy  or  ally  of  enemy  or  partner- 
ship was  ordinarily  known  at  the  beginning  of  the  war. 

7.  I  hereby  revoke  the  Executive  order  of  August  21,  1917,  creating 
the  Exports  Administrative  Board.     All  proclamations,  rules,  regu- 
lations, and  instructions  made  or  given  by  me  under  Title  VII  of  the 
espionage  act  and  now  being  administered  by  the  Exports  Adminis- 
trative Board  are  hereby  continued,  confirmed,  and  made  applicable 
to  the  War  Trade  Board,  and  all  employees  of  the  Exports  Admin- 
istrative Board  are  hereby  transferred  to  and  constituted  employees 


456  UNITED   STATES   OF   AMERICA. 

of  the  War  Trade  lioard  in  the  same  capacities,  and  said  War  Trade 
Board  is  hereby  authorized  to  exercise  without  interruption  the 
powers  heretofore  exercised  by  said  Exports  Administrative  Board. 

8.  The  said  War  Trade  Board  is  hereby  authorized  and  empowered 
to  take  all  such  measures  as  may  be  necessary  or  expedient  to  ad- 
minister the  powers  hereby  conferred.    And  I  hereby  vest  in  the  War 
Trade  Board  the  power  conferred  upon  the  President  by  section 
5  (a)  to  make  such  rules  and  regulations,  not  inconsistent  with  law, 
as  may  be  necessary  and  proper  for  the  exercise  of  the  powers  con- 
ferred upon  said  board. 

WAR  TRADE  COUNCIL. 

9.  I  hereby  establish  a  War  Trade  Council  to  be  composed  of  the 
Secretary  of  State,  Secretary  of  the  Treasury,  Secretary  of  Agricul- 
ture, Secretary  of  Commerce,  the  Food  Administrator,  and  the  chair- 
man of  the  Shipping  Board,  and  I  hereby  authorize  and  direct  the 
said  War  Trade  Council  thus  continued  to  act  in  an  advisory  capacity 
in  such  matters  under  said  acts  as  may  be  referred  to  them  by  the 
President  or  the  War  Trade  Board. 

SECRETARY  OF  THE  TREASURY. 

10.  I  hereby  vest  in  the  Secretary  of  the  Treasury  the  executive 
administration  of  any  investigation,  regulation,  or  prohibition  of 
any  transaction  in  foreign  exchange,  export,  or  earmarking  of  gold 
or  silver  coin  or  bullion  or  currency,  transfers  of  credit  in  any  form — 
others  than  credits  relating  solely  to  transactions  to  be  executed 
wholly  within  the  United  States — and  transfers  of  evidences  of  in- 
debtedness or  of  the  ownership  of  property  between  the  United  States 
and  any  foreign  country,  or  between  residents  of  one  or  more  foreign 
countries,  by  any  person  within  the  United  States;  and  I  hereby 
vest  in  the  Secretary  of  the  Treasury  the  authority  and  power  to- 
require  any  person  engaged  in  any  such  transaction  to  furnish  under 
oath  complete  information  relative  thereto  including  the  production 
of  books  of  account,  contracts,  letters,  or  other  papers  in  connection 
therewith  in  the  custody  or  control  of  such  person,  either  before  or 
after  such  transaction  is  completed. 

11.  I  further  hereby  vest  in  the  Secretary  of  the  Treasury  the 
executive  administration  of  the  provisions  of  subsection  (c)  of  sec- 
tion 3  of  the  trading-with-the-enemy  act,  relative  to  sending,  or  tak- 
ing out  of,  or  bringing  into,  or  attempting  to  send,  take  out  of,  or  bring 
into,  the  United  States  any  letter,  writing,  or  tangible  form  of  com- 
munication except  in  the  regular  course  of  mail;  and  of  the  sending, 
taking,  or  transmitting,  or  attempting  to  send,  take,  or  transmit,  out 
of  the  United  States,  any  letter  or  other  writing,  book,  map,  plan,  or 


UNITED   STATES   OF   AMERICA.  457 

other  paper,  picture,  or  any  telegram,  cablegram,  or  wireless  message, 
or  other  form  of  communication  intended  for  or  to  be  delivered,  di- 
rectly or  indirectly,  to  an  enemy  or  ally  of  enemy.  And  said  Secre- 
tary of  the  Treasury  is  hereby  authorized  and  empowered  to  issue 
licenses  to  send,  take,  or  transmit  out  of  the  United  States  anything 
otherwise  forbidden  by  said  subsection  (c)  and  give  such  consent  or 
grant  such  exemption  in  respect  thereto,  as  is  not  inconsistent  with 
law,  or  to  withhold  or  refuse  the  same. 

12.  I  hereby  authorize  and  direct  to  Secretary  of  the  Treasury,  for 
the  purpose  of  such  executive  administration,  to  take  such  measures, 
adopt  such  administrative  procedure,  and  use  such  agency  or  agencies 
as  he  may  from  time  to  time  deem  necessary  and  proper  for  that  pur- 
pose. The  proclamation  of  the  President  dated  September  7,  1917, 
made  under  authority  vested  in  him  by  Title  VII  of  said  act  of  Con- 
gress, approved  June  15,  1917,  shall  remain  in  full  force  and  effect 
until  new  regulations  shall  have  been  established  by  the  President,  or 
by  the  Secretary  of  the  Treasury,  with  the  approval  of  the  President, 
and  thereupon  shall  be  superceded. 

CENSORSHIP  BOARD. 

14.  I  hereby  establish  a  Censorship  Board  to  be  composed  of  rep- 
resentatives, respectively,  of  the  Secretary  of  War,  the  Secretary  of  the 
Navy,  the  Postmaster  General,  the  War  Trade  Board  and  the  Chair- 
man of  the  Committee  on  Public  Information. 

15.  And  I  hereby  vest  in  said  Censorship  Board  the  executive  ad- 
ministration of  the  rules,  regulations,  and  proclamations  from  time 
to  time  established  by  the  President  under  subsection  (d)  of  section 
3,  of  the  trading- with-the-enemy  act,  for  the  censorship  of  communi- 
cations by  mail,  cable,  radio,  or  other  means  of  transmission  passing 
between  the  United  States  and  any  foreign  country  from  time  to  time 
specified  by  the  President,  or  carried  by  any  vessel  or  other  means 
of  transportation  touching  at  any  port,  place,  or  territory  of  the 
United  States  and  bound  to  or  from  any  foreign  country. 

16.  The  said  Censorship  Board  is  hereby  authorized  to  take  all  such 
measures  as  may  be  necessary  or  expedient  to  administer  the  powers 
hereby  conferred. 

FEDERAL  TRADE   COMMISSION. 

17.  I  further  hereby  vest  in  the  Federal  Trade  Commission  the 
power  and  authority  to  issue  licenses  under  such  terms  and  conditions 
as  are  not  inconsistent  with  law  or  to  withhold  or  refuse  the  same  to 
any  citizen  of  the  United  States  or  any  corporation  organized  within 
the  United  States  to  file  and  prosecute  applications  in  the  country 
of  any  enemy  or  ally  of  enemy  for  letters  patent  or  for  registration 


458  UNITED   STATES   OF   AMERICA. 

of  trade-mark,  print,  label,  or  copyright,  and  to  pay  the  fees  required 
by  law  and  the  customary  agents'  fees,  the  maximum  amount  of  which 
in  each  case  shall  be  subject  to  the  control  of  such  commission;  or  to 
pay  to  any  enemy  or  ally  of  enemy  any  tax.  annuity,  or  fee  which 
may  be  required  by  the  laws  of  such  enemy  or  ally  of  enemy  nation 
in  relation  to  patents,  trade-marks,  prints,  labels  and  copyrights. 

18.  I  hereby  vest  in  the  Federal  Trade  Commission  the  power  and 
authority  to  issue,  pursuant  to  the  provisions  of  section  10  (c)  of  the 
trading-with-the-enemy  act,  upon  such  terms  and  conditions  as  are 
not  inconsistent  with  law,  or  to  withhold  or  refuse,  a  license  to  any 
citizen  of  the  United  States,  or  any  corporation  organized  within 
the  United  States,  to  manufacture  or  cause  to  be  manufactured  a 
machine,  manufacture,  composition  of  matter,  or  design,  or  to  earn- 
on  or  cause  to  be  carried  on  a  process  under  any  patent,  or  to  use  any 
trade-mark,  print,  label,  or  copyrighted  matter  owned  or  controlled 
by  an  enemy,  at  any  time  during  the  present  war ;  and  also  to  fix  the 
prices  of  articles  and  products  manufactured  under  such  licenses 
necessary  to  the  health  of  the  military  and  the  naval  forces  of  the 
United  States,  or  the  successful  prosecution  of  the  war;  and  to  pre- 
scribe the  fee  which  may  be  charged  for  such  license,  not  exceeding 
$100  and  not  exceeding  f  per  cent  of  the  fund  deposited  by  ,the 
licensee  with  the  alien  property  custodian  as  provided  by  law. 

19.  I  hereby  further  vest  in  the  said  Federal  Trade  Commission 
the  executive  administrations  of  the  provisions  of  section  10  (d)  of 
the  trading-with-the-enemy  act,  the  power  and   authority  to  pre- 
scribe the  form  of,  and  time  and  manner  of  filing  statements  of  the 
extent  of  the  use  and  enjoyment  of  the  license  and  of  the  prices  re- 
ceived and  the  times  at  which  the  license  shall  make  payments  to  the 
Alien  Property  Custodian,  and  the  amounts  of  said  payments,  in  ac- 
cordance with  the  trading-with-the-enemy  act. 

20.  I  further  hereby  vest  in  the  Federal  Trade  Commission  the 
power  and  authority,  whenever  in  its  opinion  the  publication  of  an 
invention  or  the  granting  of  a  patent  may  be  detrimental  to  the 
public  safety  or  defense,  or  may  assist  the  enemy,  or  endanger  the 
successful  prosecution  of  the  war,  to  order  that  the  invention  be  kept 
secret  and  the  grant  of  letters  patent  withheld  until  the  end  of  the 
war. 

21.  The  said  Federal  Trade  Commission  is  hereby  authorized  to 
take  all  such  measures  as  may  be  necessary  or  expedient  to  administer 
the  powers  hereby  conferred. 

THE   POSTMASTER   GENERAL. 

22.  I  hereby  vest  in  the  Postmaster  General  the  executive  adminis- 
tration of  all  the  provisions  (except  the  penal  provisions)   of  sec- 
tion 19  of  the  trading-with-the-enemy  act,  relating  to  the  printing, 


UNITED   STATES  OF   AMERICA.  459 

publishing,  or  circulation  in  any  foreign  language  of  any  news  item, 
editorial,  or  other  printed  matter  respecting  the  Government  of  the 
United  States  or  of  any  nation  engaged  in  the  present  war,  its  policies, 
international  relations,  the  state  or  conduct  of  the  war  or  any  matter 
relating  thereto,  and  the  filing  with  the  postmaster  at  the  place  of 
publication,  in  the  form  of  an  affidavit  of  a  true  and  complete  trans- 
lation of  the  entire  article  containing  such  matter  proposed  to  be 
published  in  such  print,  newspaper,  or  publications,  and  the  issuance 
of  permits  for  the  printing,  publication,  and  distribution  thereof 
free  from  said  restriction.  And  the  Postmaster  General  is  authorized 
and  empowered  to  issue  such  permits  upon  such  terms  and  conditions 
as  are  not  inconsistent  with  law,  and  to  refuse,  withhold,  or  revoke 
the  same. 

23.  The  sum  of  $35,000,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  allotted  out  of  the  funds  appropriated  by  the  trading-with- 
the-enemy  act  to  be  expended  by  the  Postmaster  General  in  the  ad- 
ministration of  said  section  19  thereof. 

24.  The  Postmaster  General  is  hereby  authorized  to  take  all  such 
measures  as  may  be  necessary  or  expedient  to  administer  the  powers 
hereby  conferred. 

SECRETARY    OF    STATE. 

25.  I  hereby  vest  in  the  Secretary  of  State  the  executive  administra- 
tion of  the  provisions  of  subsection  (&)  of  section  3  of  the  trading- 
with-the-enemy  act  relative  to  any  person  transporting  or  attempting 
to  transport  any  subject  or  citizen  of  an  enemy  or  ally  of  enemy 
nation,  and  relative  to  transporting  or  attempting  to  transport  any 
subject  or  citizen  of  an  enemy  or  ally  enemy  nation,  and  relative  to 
transporting  or  attempting  to  transport  by  any  owner,  master,  or 
other  person  in  charge  of  a  vessel  of  American  registry,  from  any 
place  to  any  other  place,  such  subject  or  citizen  of  an  enemy  or  enemy 
ally. 

26.  And  I  hereby  authorize  and  empower  the  Secretary  of  State  to 
issue  licenses  for  such  transportation  of  enemies  and  enemy  allies 
or  to  withhold  or  refuse  the  same. 

27.  And  said  Secretary  of  State  is  hereby  authorized  and  em- 
powered to  take  all  such  measures  as  may  be  necessary  or  expedient 
to  administer  the  powers  hereby  conferred  and  to  grant,  refuse, 
withhold,  or  revoke  licenses  thereunder. 

SECRETARY   OF    COMMERCE. 

28. 1  hereby  vest  in  the  Secretary  of  Commerce  the  power  to  review 
the  refusal  of  any  collector  of  customs  under  the  provisions  of  sec- 
tions 13  and  14  of  the  trading- with-the-enemy  act  to  clear  any  vessel, 
domestic  or  foreign,  for  which  clearance  is  required  by  law. 


460  UNITED   STATES   OF   AMEKICA. 

ALIEN  PROPERTY  CUSTODIAN. 

29.  I  hereby  vest  in  the  Alien  Property  Custodian,  to  be  hereafter 
appointed,  the  executive  administration  of  all  the  provisions  of  section 
7  (#),  section  7  (c),  and  section  7  (d)  of  the  trading-with-the-enemy 
act,  including  all  power  and  authority  to  require  lists  and  reports, 
and  to  extend  the  time  for  filing  the  same,  conferred  upon  the  Presi- 
dent by  the  provisions  of  said  section  7  (a),  and  including  the  power 
and  authority  conferred  upon  the  President  by  the  provisions  of  said 
section  7  (<?),  to  require  the  conveyance,  transfer,  delivery,  or  pay- 
ment to  himself,  at  such  time  and  in  such  manner  as  he  shall  pre- 
scribe, of  any  money  or  other  properties  owing  to  or  belonging  to  or 
held  for,  by  or  on  account  of,  or  on  behalf  of,  or  for  the  benefit  of 
any  enemy  or  ally  of  an  enemy  holding  a  license  granted  under  the 
provisions  of  the  trading-with-the-enemy  act,  which,  after  investiga- 
tion, said  Alien  Property  Custodian  shall  determine  is  so  owing,  or 
so  belongs,  or  is  so  held. 

30.  Any  person  who  desires  to  make  conveyance,  transfer,  pay- 
ment, assignment,  or  delivery,  under  the  provisions  of  section   7  (d) 
of  the  trading-with-the-enemy  act,  to  the  Alien  Property  Custodian 
of  any  money  or  other  property  owing  to  or  held  for,  by  or  on  account 
of,  or  on  behalf  in  or  for  the  benefit  of  an  enemy  or  ally  of  enemy,  not 
holding  a  license  granted  as  provided  in  the  trading-with-the-enemy 
act,  or  to  whom  any  obligation  or  form  of  liability  to  such  enemy  or 
ally  of  enemy  is  presented  for  payment,  shall  file  application  with 
the  Alien  Property  Custodian  for  consent  and  permit  to  so  convey, 
assign,  deliver,  or  pay  such  money  or  other  property  to  him,  and 
said  Alien  Property  Custodian  is  hereby  authorized  to  exercise  the 
power  and  authority  conferred  upon  the  President  by  the  provisions 
of  section  7  (d)  to  consent  and  to  issue  permit  upon  such  terms  and 
conditions  as  are  not  inconsistent  with  law,  or  to  withhold  or  refuse 
the  same. 

31.  I  further  vest  in  the  Alien  Property  Custodian  the  executive 
administration  of  all  the  provisions  of  section  8  (&),  section  8  (6), 
and  section  9  of  the  trading-with-the-enemy  act,  so  far  as  said  sec- 
tions relate  to  the  powers  and  duties  of  said  Alien  Property  Custo- 
dian. 

32.  I  vest  in  the  Attorney  General  all  power  and  authority  con- 
ferred upon  the  President  by  the  provisions  of  section  9  of  the  trad- 
ing-with-the-enemy act. 

33.  The  Alien  Property  Custodian  to  be  hereafter  appointed  is 
hereby  authorized  to  take  such  measures  as  may  be  necessary  or  ex- 
pedient, and  not  inconsistent  with  law,  to  administer  the  powers 
hereby  conferred ;  and  he  shall  further  have  the  power  and  authority 
to  make  such  rules  and  regulations  not  inconsistent  with  law  as  may 
be  necessary  and  proper  to  carry  out  the  provisions  of  said  section 


UNITED   STATES   OF   AMERICA.  461 

7  (a),  section  7  (<?),  section  7  (d),  section  8  (a),  and  section  8  (&), 
conferred  upon  the  President  by  the  provisions  thereof  and  by  the 
provisions  of  section  5  (a) ,  said  rules  and  regulations  to  be  fully  ap- 
proved by  the  Attorney  General. 

34.  The  Alien  Property  Custodian  to  be  hereafter  appointed  shall 
"  under  the  supervision  and  direction  of  the  President,  and  under 
such  rules  and  regulations  as  the  President  shall  prescribe,"  have  ad- 
ministration of  all  moneys  (including  checks  and  drafts  payable  on 
demand)  and  of  all  property,  other  than  money  which  shall  come 
into  his  possession  in  pursuance  of  the  provisions  of  the  trading- with- 
the-enemy  act,  in  accordance  with  provisions  of  section  6,  section  10, 
and  section  12  thereof. 

(Signed)  WOODROW  WILSON. 

THE  WHITE  HOUSE, 

October  12. 1917. 


WITHHOLDING  GRANTS  OF  PATENTS  IN  TIME  or  WAR. 
(PUBLIC — No.  80 — 65TH  CONGRESS.] 

[S.   2531.] 

An  act  to  prevent  the  publication  of  inventions  by  the  gratit  of 
patents  that  might  be  detrimental  to  the  public  safety  or  convey 
useful  information  to  the  enemy,  to  stimulate  invention,  and  provide 
adequate  protection  to  owners  of  patents,  and  for  other  purposes. 

Be  it  enacted  ~by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  That  whenever  dur- 
ing a  time  when  the  United  States  is  at  war  the  publication  of  an  in- 
vention by  the  granting  of  a  patent  might,  in  the  opinion  of  the  Com- 
missioner of  Patents,  be  detrimental  to  the  public  safety  or  defense  or 
might  assist  the  enemy  or  endanger  the  successful  prosecution  of  the 
war  he  may  order  that  the  invention  be  kept  secret  and  withhold  the 
grant  of  a  patent  until  the  termination  of  the  war:  Provided,  That 
the  invention  disclosed  in  the  application  for  said  patent  may  be  held 
abandoned  upon  it  being  established  before  or  by  the  commissioner 
that  in  violation  of  said  order  said  invention  has  been  published  or 
that  an  application  for  a  patent  therefor  has  been  filed  in  a  foreign 
country  by  the  inventor  or  his  assigns  or  legal  representatives,  with- 
out the  consent  or  approval  of  the  Commissioner  of  Patents,  or  under 
a  license  of  the  Secretary  of  Commerce  as  provided  by  law. 

When  an  applicant  whose  patent  is  withheld  as  herein  provided 
and  who  faithfully  obeys  the  order  of  the  Commissioner  of  Patents 
above  referred  to  shall  tender  his  invention  to  the  Government  of  the 
United  States  for  its  use,  he  shall,  if  and  when  he  ultimately  received 


462  UNITED  STATES  OF   AMERICA. 

a  patent,  have  the  right  to  sue  for  compensation  in  the  Court  of 
Claims,  such  right  to  compensation  to  begin  from  the  date  of  the  use 
of  the  invention  by  the  Government. 
Approved,  October  6,  1917. 


INDUSTRIAL  PROPERTY — "  WAR  MEASURES"-—  TRADING-WITH-THE-EN- 
EMY  ACT  OF  OCTOBER  6,  1917  (SEC.  10)— INSTRUCTIONS,  RULES,  AND 
FORMS  ISSUED  BY  THE  FEDERAL  TRADE  COMMISSION. 

TRADING  WITH  THE  ENEMY. 

INSTRUCTIONS,  RULES,  AND  FORMS  CONCERNING  PATENTS,  TRADE-MARKS,  PRINTS, 
LABELS,  AND  COPYRIGHTS  ISSUED  BY  THE  FEDERAL  TRADE  COMMISSION. 

Payment  of  patent,  trade-mark,  and  copyright  taxes,  annuities,  and 
•fees  in  enemy  countries  and  fling  and  prosecuting  applications 
therein. — Applicants  for  licenses  must  submit,  in  the  English  lan- 
guage, to  the  Federal  Trade  Commission  every  application  for  let- 
ters patent,  for  the  registration  of  trade-mark,  print,  label,  or  copy- 
right which  they  desire  to  file  in  the  country  of  an  enemy  or  ally  of 
enemy,  every  amendment,  power  of  attorney,  letter,  or  communica- 
tion \vith  respect  thereto,  and  every  drawing,  electro,  or  other  cut  or 
reproduction,  specimen,  facsimile,  copy,  or  model,  together  with  any 
check,  draft,  or  other  form  of  remittance  for  any  tax,  annuity,  or  fee, 
and  agents'  or  attorneys'  fees  or  compensation  proposed  to  be  sent, 
directly  or  indirectly,  to  any  country  of  an  enemy  or  ally  of  an 
enemy.  In  the  case  of  chemical  compounds  or  compositions  of  matter 
there  shall  also  be  submitted  samples  of  the  article  or  preparation, 
or  samples  of  the  ingredients,  if  any;  and  in  the  case  of  coloring 
matters  prepared  from  tar,  a  sample  of  the  dyeing  of  wool,  silk,  or 
cotton,  and  any  statement,  description,  and  directions  in  respect 
thereto,  if  and  as  required  by  the  foreign  law,  and  any  and  all  other 
samples,  specimens,  descriptions,  statements,  and  directions  proposed 
to  be  forwarded. 

There  shall  also  be  submitted  at  the  same  time,  the  envelope  or 
other  cover  stamped  with  sufficient  postage  and  addressed,  in  which 
the  matters  herein  mentioned  are  proposed  to  be  forwarded. 

The  intention  is  to  have  submitted  to  the  Federal  Trade  Commis- 
sion every  inclosure  and  cover  concerning  every  application  for  pat- 
ent, trade-mark,  print,  label,  or  copyright  and  their  prosecution,  de- 
sired to  be  forwarded,  directly  or  indirectly,  to  an  enemy  country  or 
to  the  country  of  an  ally  of  an  enemy. 

Everything  (except  remittance)  is  required  to  be  furnished  to  the 
Federal  Trade  Commission  in  duplicate.  One  copy  will  be  retained 
in  the  files  of  the  commission. 


UNITED  STATES  OP  AMERICA.  463 

Each  application  for  a  license  shall  be  accompanied  by  the  affidavit 
of  the  applicant,  his  solicitor,  or  patent  agent  that  nothing  contained 
in  any  of  the  material  submitted  will  give  any  information  detri- 
mental to  the  public  safety  or  defense  or  which  may  assist  the  enemy 
or  endanger  the  successful  prosecution  of  the  war,  and  that  the 
amount  of  money,  if  any,  proposed  to  be  transmitted  is  the  correct 
tax,  annuity,  or  fee  and  the  customary  agents'  fee,  and  such  affidavit 
shall  also  state  what  portion  of  the  remittance  is  to  be  applied  to 
taxes,  fees,  or  annuities  and  what  portion  to  agents'  fees. 

It  is  unlawful  and  punishable  by  fine  and  imprisonment  of  any- 
one without  first  obtaining  a  license  to  forward  applications  for  let- 
ters patent  or  for  the  registration  of  trade-mark,  print,  label,  or  copy- 
right in  an  enemy  or  ally  of  enemy  nation  indirectly  through  cor- 
respondence or  agents  in  any  foreign  country. 

Applications  for  licenses  under  patents  and  copyrights  owned  or 
controlled  by  an  enemy  or  ally  of  an  enemy. — Applicants  for  a  license 
under  patents  or  copyrights  owned  or  controlled  by  an  enemy  or  an 
ally  of  an  enemy  are  required  to  file  a  verified  statement  with  the 
Federal  Trade  Commission  in  concise  and  nontechnical  language, 
covering  the  following  points,  stating  in  each  instance  the  facts  upon 
which  any  conclusion  may  be  based : 

(a)  If  an  individual,  that  he  is  a  citizen  of  the  United  States.    If 
a  corporation, 'that  it  is  organized  within  the  United  States. 

(b)  That  the  patent  or  copyright  desired  to  be  licensed  is  owned 
or  controlled  by  an  enemy  or  an  ally  of  an  enemy. 

If  it  is  claimed  that  the  patent  or  copyright  is  controlled  by  an 
enemy  or  ally  of  an  enemy,  the  nature  and  origin  of  the  control 
should  be  plainly  stated,  whether  by  contract,  agency,  stock  owner- 
ship, or  otherwise. 

(c)  There  shall  be  attached  to  the  application  a  Patent  Office 
copy  of  the  patent  and  a  certified  abstract  of  title  to  it,  or  a  specimen 
of  the  copyrighted  article  and  a  certified  copy  of  the  copyright 
entries,  and  in  the  case  of  a  patent,  of  a  certified  copy  of  the  petition 
and  all  powers  of  attorney  in  the  file  of  the  application. 

(d)  That  licensing  the  applicant  is  for  the  public  welfare.     Spe- 
cifically, that  there  is  a  demand  for  the  patented  or  copyrighted 
article  or  the  product  of  the  patented  process  which  is  not  being  met. 

(e)  That  the  applicant  is  able  to  make  or  cause  to  be  made  the 
patented  or  copyrighted  article  or  exercise  the  patented  process.    Spe- 
cifically, that  the  applicant  is  technically  and  otherwise  equipped  to 
undertake  or  procure  the  manufacture  or  operate  the  process  and  is 
in  fact  able  to  do  so. 

(/)  That  the  applicant  intends  to  do  so  in  good  faith. 

93169—19 30 


464  UNITED  STATES  OF  AMERICA. 

(g)  The  application  must  be  verified  by  the  person  applying  for 
the  license,  and  in  the  case  of  a  corporation  by  an  officer  thereof 
acquainted  with  the  facts  recited. 

Each  application  shall  be  accompanied  with  a  remittance  of  $100. 

A  suggested  form  of  application  is  appended. 

A  separate  application  is  required  for  each  patent  or  copyright. 

The  application  should  be  prepared  in  duplicate  and,  for  conven- 
ience in  filing,  on  good  unglazed  paper  8  by  10J  inches,  directed 
to  the  Federal  Trade  Commission,  patent,  trade-mark,  and  copy- 
right division,  and  may  be  transmitted  by  mail  or  delivered  per- 
sonally. Personal  attendance  at  the  outset  is  not  necessary.  If  any 
hearings  are  desired,  notice  of  them  will  be  given. 

In  every  case  where  practicable  notice  of  applications  for  license 
will  be  given  to  the  attorney  of  the  patentee  or  copyright  proprietor 
whose  name  appears  in  the  file  of  the  application  in  the  Patent  Office 
or  the  office  of  the  register  of  copyrights. 

The  burden  of  establishing  affirmatively  the  facts  upon  which, 
under  the  terms  of  the  act,  licenses  may  be  granted  is  placed  upon 
the  applicant  for  license. 


THE  TEEMS    OF   THE  LICENSE. 

The  act  provides  and  the  Executive  order  vests  in  the  Federal  Trade 
Commission  the  duty  of  prescribing  the  conditions  of  the  license. 

The  form  of  licenses  proposed  to  be  issued  is  appended. 

Only  non-exclusive  licenses  will  be  issued  unless  the  public  interest 
shall  otherwise  require. 

DURATION    OF   LICENSE. 

The  act  provides  (Sec.  10  (e))  that  licenses  shall  continue  during 
the  terms  fixed  in  the  license,  or,  in  the  absence  of  any  such  limitation, 
during  the  term  of  the  patent  *  *  *  or  copyright  registration 
under  which  it  is  granted,  and  that  upon  violation  by  the  licensee  of 
any  of  the  provisions  of  the  act,  or  of  the  conditions  of  the  license, 
after  due  notice  and  hearing,  the  license  may  be  canceled. 

Licenses  under  trade-marks,  prints,  and  labels  owned  or  controlled 
~by  an  enemy  or  an  ally  of  an  enemy  .-^Licenses  for  the  use  of  trade- 
marks, prints,  and  labels  will  be  granted  only  under  exceptional 
circumstances.  Applications  for  licenses  under  the  following  condi- 
tions will  be  entertained. 

(1)  Where  the  alleged  trade-mark  is  the  name  of  a  patented  or 
copyrighted  article  and  a  license  is  granted  under  the  patent  or 
copyright. 

(2)  Where  the  alleged  trade-mark  is  the  name  of  an  article  manu- 
factured under  an  expired  patent  or  copyright. 


UNITED  STATES  OF  AMERICA.  465 

THE  LICENSE  FEE. 

The  act  provides  that  the  license  fee  shall  not  exceed  $100,  and  not 
exceeding  1  per  cent  of  the  sum  deposited  with  the  Alien  Property 
Custodian.  This  fund  is  an  amount  not  to  exceed  (a)  5  per  cent  of  the 
gross  sums  received  by  the  licensee  from  the  sale  of  the  licensed 
subject  matter,  or  (&)  5  per  cent  of  the  value  of  the  use  of  the  licensed 
subject  matter  as  established  by  the  Federal  Trade  Commission. 

ACCOUNTING   AND   PAYMENT   TO    THE   ALIEN    PROPERTY    CUSTODIAN. 

The  licensee  shall  file  with  the  Federal  Trade  Commission,  semi- 
annually  on  January  1  and  July  1  of  each  year  and  oftener  if  re- 
quired, a  full  statement  of  the  extent  of  the  use  and  enjoyment  of  the 
license,  and  of  the  prices  received  from  the  sale  or  use  of  the  subject 
matter  of  it,  and  within  30  days  thereafter  the  licensee  shall  pay  to 
the  Alien  Property  Custodian  not  to  exceed  5  per  cent  of  the  gross 
sums  received  from  the  sale  of  the  licensed  subject  matter,  or  if  the 
Federal  Trade  Commission  so  order  not  to  exceed  5  per  cent  of  the 
value  of  the  use  of  the  licensed  subject  matter  as  established  by  the 
Federal  Trade  Commission. 

[Suggested  form  of  application  to  the  Federal  Trade  Commission  for  a  license.] 
TRADING  WITH  THE  ENEMY   ACT. 

To  the  Federal  Trade  Commission: 

Application  of for  a  license  under  patent  to ,  date 

,  No. __. 

(If  under  copyright,  state  title  of  work,  name  of  copyright  pro- 
prietor, and  date  of  copyright  registration.) 

The  undersigned,  for  the  purpose  of  securing  a  license,  represents 
to  the  Federal  Trade  Commission  as  follows : 

(a)  The  undersigned  is  a  citizen  of  the  United  States,  residing  at 

street,  in  the  city  of ,  State  of ,  United  States  of 

America.     (If  a  corporation,  state  under  the  laws  of  what  State  it  is 
organized ;  the  location  of  its  corporate  offices,  its  business  offices,  and 
plants  or  factories.) 

(b)  The  undersigned  is  desirous  of  being  licensed  under  the  patent 

(or  copyright)  above  named,  which  is  owned  or  controlled  by 

,  a  citizen  or  subject  of (State  the  enemy  country  or 

the  ally  of  the  enemy  of  wliich  the  patentee  or  copyright  proprietor 
is  a  citizen  or  subject,  or  if  a  corporation  where  it  is  incorporated,  and 
if  the  patent  or  copyright  is  not  owned  but  is  claimed  to  be  con- 
trolled state  fully  the  facts  which  establish  the  nature  and  origin  of 


466  UNITED  STATES   OF   AMERICA. 

the  enemy  or  ally  of  enemy  control,  whether  it  is  brought  about  by 
means  of  an  agency,  by  contract,  by  stock  ownership  in  corporations, 
or  otherwise.) 

(<?)  Attached  hereto  is  a  Patent  Office  copy  of  the  letters  patent,  a 
certified  abstract  of  its  title  from  the  Patent  Office,  and  a  certified 
copy  of  the  petition  and  all  powers  of  attorney  in  the  file  of  the  appli- 
cation (or,  in  the  case  of  a  copyright,  a  specimen  of  the  copyrighted 
work  and  a  certified  copy  of  the  copyright  entries  from  the  office  of 
the  register  of  copyrights). 

(d)  It  is  for  the  public  welfare  that  the  license  applied  for  be 
granted  because —      (Here  state  briefly  but  completely  and  in  non- 
technical language  the  reason  why  it  is  for  the  public  benefit  that 
the  license  be  granted  and  specifically  the  demand  for  the  article  prior 
to  the  war,  the  demand  for  the  article  at  the  present  time  whether  or 
not  this  demand  is  being  met  or  can  be  met,  prices  obtained  prior  to 
the  war  and  prices  at  the  present  time.) 

(e)  Applicant  is  able  to  m'ake  or  cause  to  be  made  the  patented  or 
copyrighted  article  because —  (Here  state  specifically  the  applicant's 
experience  in  the  production  of  articles  of  the  kind  covered  by  the 
patent  or  copyright,  his  technical  equipment  for  manufacturing  and 
selling  such  articles  and  his  ability  to  do  so,  the  estimated  cost  of 
manufacture   and  price  proposed  to  be  charged   if  the  license   is 
granted. ) 

(If  the  applicant  does  not  intend  to  manufacture  but  to  procure  the 
manufacture  of  the  article,  state  specifically  what  arrangements  have 
been  made  or  proposed  to  this  end  and  their  terms  and  conditions. 
State  the  name  and  address  of  the  manufacturer  proposed  to  be  em- 
ployed and  his  technical  equipment,  etc.,  and  attach  copies  of  any 
contracts  or  proposals.) 

(/)  The  license  desired  is  exclusive  or  nonexclusive  for  the  follow- 
ing reasons:  (Here  state  reasons  why,  in  the  opinion  of  the  applicant, 
the  license  should  be  exclusive  or  nonexclusive.) 

(</)  The  license  is  desired  (1)  for  the  term  of  the  patent  or  copy- 
right, (2)  the  duration  of  the  war,  or  (3)  any  other  period,  stating 
reasons  in  each  case. 

(h)  The  application  is  also  to  contain  the  following: 

The  undersigned  intends  in  good  faith  to  manufacture  or  cause  to  be  manu- 
factured the  article  licensed  and  understands  that  the  license,  if  granted,  may 
not  be  assigned  and  may  be  canceled  by  the  Federal  Trade  Commission,  after 
due  notice  of  hearing,  upon  violation  by  the  undersigned  of  any  of  the  provisions 
of  the  trading-with-the-enemy  act  or  of  any  of  the  conditions  of  the  license. 

(Signed)  , 

Applicant. 


UNITED   STATES   OF   AMERICA.  467 

OATH   FOR   AN    INDIVIDUAL. 

State  of 

County  of ! ,  ss: 

,  being  duly  sworn,  deposes  and  states  that  he  is  the 

same  person  whose  name  is  signed  to  the  foregoing  statement ;  that  he  has  read 
this  statement  and  knows  and  understands  its  contents ;  and  that  it  is  true. 


Subscribed  and  sworn  to  before  me  this day  of ,  191 

Notary  Public. 

OATH    FOR    A     CORPORATION. 

State  of 

County  of ,  ss: 

•     ,  being  duly  sworn,  deposes  and  states  that  he  is  the 

, of ,    the   corporation   whose  name   is 

signed  to  the  foregoing  statement ;  that  he  is  duly  authorized  to  swear  to  such 
statement  on  behalf  of  such  corporation;  that  he  has  read  this  statement  and 
knows  and  understands  its  contents,  and  that  it  is  true. 


Subscribed  and  sworn  to  before  me  this day  of ,  191 

Notary  Public. 

FORM   OF  LICENSE  UNDER  PATENT. 

Patent  license  issued  by  the  Federal  Trade  Commission  under  the  pro- 
visions of  the  trading-with-the-enemy  act  will  be  in  substantially  the  follow- 
ing form : 

Patent  No ,  dated ,  to ,  for 

The  Federal  Trade  Commission,  under  the  authority  of  and  in  conformity 
with  the  trading-with-the-enemy  act,  and  of  the  Executive  order  of  October  12, 

1917,  hereby  licenses to  make,  use,   and  vend  within  the 

United  States  the  invention  described  and  claimed  in  United  States  Letters 

Patent  to ,   No ,   dated (copy   annexed 

hereto)  for  the  period  of-. unless  sooner  terminated. 

The  licensee  during  the  continuance  of  this  license  shall  pay  to  the 
Alien  Property  Custodian,  semiannually,  within  30  days  after  the  1st 
day  of  January  and  the  1st  day  of  July,  respectively,  of  each  year,  a 

royalty  at  the  rate  of per  cent  of  the  gross  sums  received  by 

the  license  from  the  sale  of  the  invention  so  herein  licensed  (or 

per  cent  of  the  value  of  the  use  thereof  to  the  licensee  as  established 
by  the  Federal  Trade  Commission). 

The  licensee  shall,  during  the  continuance  of  this  license,  keep 
proper  accounts  and  separate  books  containing  full  particulars  of : 

(a)  All  articles  made  or  caused  to  be  made  by  the  licensee  under 
the >said  letters  patent  and  of  the  price  or  prices  charged  therefor; 

(b)  All  items  of  cost  incurred  in  the  use  of  such  invention  and 
the  manufacture  and  sale  of  articles  made  thereunder ;  and 


468  UNITED   STATES   OF   AMERICA. 

((?)  All  other  matters  and  things  which  in  the  opinion  of  the 
Federal  Trade  Commission  may  be  material  for  the  purpose  of  show- 
ing the  amounts  from  time  to  time  payable  by  the  licensee  concerning 
such  royalty  and  what  is  a  fair  and  reasonable  price  to  the  public 
for  such  article. 

The  licensee  shall,  within  ten  days  after  each  of  the  semiannual 
days  aforesaid,  deliver  a  sworn  statement  to  the  Federal  Trade 
Commission  in  writing  showing  the  aforesaid  particulars. 

The  licensee  shall,  during  the  continuance  of  this  license,  give  all 
such  information  as  the  Federal  Trade  Commission  may  consider  to 
be  material  for  thp  purpose  of  ascertaining  the  amount  of  royalty 
payable  by  the  licensee  under  this  license,  the  cost  of  the  use  of  such 
invention,  the  cost  of  producing  and  the  price  or  prices  charged  by 
the  licensee  for  the  said  article,  and  for  that  purpose  shall,  if  re- 
quested by  the  Federal  Trade  Commission,  permit  such  person  or 
persons  as  shall  be  authorized  in  that  behalf  by  the  Federal  Trade 
Commission  at  any  time  or  times  to  enter  upon  and  inspect  any  fac- 
tory or  place  of  business  of  the  licensee  in  which  the  use  of  the  said 
invention  or  the  manufacture  of  the  said  article  shall  be  carried 
on  and  all  books,  papers,  and  documents  of  such  licensee  relating  to 
such  use,  manufacture,  and  sale. 

If  any  payment  under  this  license  shall  not  be  made  within  one 
month  after  the  same  shall  have  become  due  under  the  provisions 
herein  contained  (whether  demand  therefor  shall  have  been  made 
or  not),  or  if  the  licensee  shall  or  shall  attempt  to  assign  or  part 
with  the  benefit  of  or  grant  any  sublicense  under  this  license,  or 
shall  make  default  in  the  performance  or  observance  of  any  obliga- 
tion on  his  part  herein  contained,  or  shall  have  violated  any  of  the 
conditions  of  this  license  or  any  of  the  provisions  of  the  statute 
under  which  it  is  granted,  and  if,  after  ten  days'  notice  in  writing, 
shall  have  failed  to  comply  with  the  aforesaid,  then  the  Federal 
Trade  Commission  may,  by  notice  in  writing,  and  after  a  hearing, 
cancel  and  terminate  this  license  as  from  the  date  of  such  notice, 
but  without  prejudice  to  and  so  as  not  in  any  manner  to  affect  any 
liability  hereunder  on  the  part  of  the  licensee  which  may  then  be 
subsisting  or  have  accrued. 

If  in  the  opinion  of  the  Federal  Trade  Commission  the  licensee 
has  failed  to  use  this  license  so  as  to  satisfy  the  reasonable  require- 
ment of  the  public  with  regard  to  the  subject  matter  thereof;  or 

If  in  the  opinion  of  the  Federal  Trade  Commission  the  licensee 
has  failed  to  supply  to  the  public  the  articles  made  under  this  license 
at  reasonable  prices ;  or 

If  in  the  opinion  of  the  Federal  Trade  Commission  the  licensee 
has  charged  unreasonable  or  excessive  prices  for  articles  made  under 
this  license ;  or 


UNITED  STATES  OF  AMERICA.  469 

If  in  the  opinion  of  the  Federal  Trade  Commission  the  articles 
made  under  this  license  are  of  unsatisfactory  quality  (and  the 
licensee  shall  furnish  to  the  Federal  Trade  Commission  in  the  man- 
ner prescribed  by  it  and  when  and  as  often  as  required,  samples  and 
specimens  for  inspection j  analysis,  and  test) ;  or 

Circumstances  have  arisen  which,  in  the  opinion  of,  the  Federal 
Trade  Commission,  make  it  just  and  equitable  that  this  license  be 
canceled  in  whole  or  in  part ; 

The  Federal  Trade  Commission  may,  in  its  discretion,  give  notice 
in  writing  to  the  licensee  to  terminate  and  cancel  this  license  in  whole 
or  in  part,  and,  if  canceled  and  terminated,  the  same  shall  be  without 
prejudice  to  and  so  as  not  in  any  manner  to  affect  any  liability  here- 
inider  on  the  part  of  the  licensee  which  may  then  be  subsisting  or 
have  accrued. 

Any  sums  which  may  at  any  time  be  payable  by  the  licensee  under 
the  provisions  of  this  license  shall  be  a  debt  due  from  the  licensee  to 
the  people  of  the  United  States  and  shall  be  recovered  in  an  appro- 
priate action  in  the  name  of  the  people  of  the  United  States  against 
the  licensee. 

Dated, ,  191__ 

Accepted  and  agreed  to. 


Licensee. 

A  copy  of  the  patent  is  to  be  attached. 

If  the  licensee  is  not  to  be  the  actual  manufacturer,  the  licensee 
will  be  held  accountable  to  the  Federal  Trade  Commission  for  the 
observance  of  the  terms  of  his  license  by  the  actual  manufacturer  of 
the  article,  and  the  license  will  contain  the  following  addendum, 
naming  the  actual  manufacturer  who  shall  sign : 

,  the  manufacturer  for , 

the  licensee of  the  article  herein  licensed,  sepa- 
rately agrees  to  keep  separate  books  containing  full  particulars  of  all 

articles  manufactured,  and  the  cost  thereof,  sold  to , 

the  licensee,  and  the  price  or  prices  charged  therefor,  and  his  books 
and  plant  shall  be  open  to  inspection  in  the  same  manner  as  provided 
for  the  licensee,  The  licensee  and  the  undersigned,  during  the  con- 
tinuance of  the  license,  shall  furnish  or  procure  to  be  furnished  all 
such  information  as  the  Federal  Trade  Commission  may  consider  to 
be  material  for  the  purpose  of  ascertaining  the  amount  of  royalty 
payable  by  the  licensee,  the  cost  of  producing  or  procuring  the  pat- 
ented article,  the  price  or  prices  charged  for  said  article,  and  shall 
permit  or  procure  permission  to  be  given  to  such  person  or  persons 
as  shall  be  authorized  in  that  behalf  by  the  Federal  Trade  Commis- 
sion at  any  time  or  times  to  enter  upon  and  inspect  any  factory  or 
place  of  business  in  which  the  manufacture  of  the  patented  article 


470  UNITED   STATES   OF   AMERICA. 

«'"j|  •fj'iL--'l1tViit,  J    /;^-'-  L'V    &f>'?'»  •••',  1    'jii  \  1(1.  <lOUU<vv>       i    ?    .;•"    U 

shall  be  carried  on  lyy  the  undersigned  for  the  licensee,  and  all  books, 
papers,  and  documents  relating  to  such  manufacture  and  sale. 

The  undersigned,  manufacturer,  is  not  authorized  to  make,  use,  or 

vend  the  invention  of  the  patent  except  for the 

licensee,  and  not  further  or  otherwise,  and  the  undersigned  under- 
takes to  observe  and  perform  the  terms  and  conditions  of  the  license 
to ,  to  which  this  is  attached. 

Dated,' ,  191__ 

Accepted  and  agreed  to. 


Manufacturer. 

FORM  OF  LICENSE  UNDER  COPYRIGHT. 

Copyright  licenses  issued  by  the  Federal  Trade  Commission  under 
the  provisions  of  the  trading-with-the-enemy  act  will  be  in  substan- 
tially the  following  form : 

Copright  No.  -  — ,  dated  -  -  to  -  -  for  the  (book,  etc.,  as  the 

case  may  be;  see  Copyright  Act  of  Mar.  4,  1909,  sec.  5,  for  classification) 
entitled  (insert  title  of  work). 

The  Federal  Trade  Commission,  under  the  authority  of  and  in  conformity 
with  the  trading-with-the-enemy  act  and  of  the  Executive  order  of  October  12, 

1917,  hereby  licenses to  exercise  within  the  United  States 

all  the  rights  created  by  the  copyright  laws  of  the  United  States  of  America, 
being  the  act  of  March  4,  1909,  as  amended,  with  respect  to  the  subject  matter 

of  copyright  to  _  ,  No. ,  dated for  the 

(book,  etc.,  as  the  case  may  be;  see  copyright  act  of  Mar.  4,  1909,  sec.  5,  for 
classification)  entitled  (insert  title  of  work),  a  copy  of  which  is  annexed  hereto, 
for  the  period  of ,  unless  sooner  terminated. 

The  licensee,  during  the  continuance  of  this  license,  shall  pay  to 
the  Alien  Property  Custodian,  semiannually,  within  30  days  after  the 
1st  day  of  January,  and  the  1st  day  of  July,  respectively,  of  each 
year,  a  royalty  at  the  rate  of  _. per  cent  of  the  gross  sums  re- 
ceived by  the  licensee  from  the  sale  of  the  copyright  work  so  herein 

licensed  (or per  cent  of  the  value  of  the  use  thereof  to  the 

licensee  as  established  by  the  Federal  Trade  Commission). 

The  licensee  shall,  during  the  continuance  of  this  license,  keep 
proper  accounts  and  separate  books  containing  full  particulars  of— 

(a)  All  copies  of  said  copyright  work  made  or  caused  to  be  made 
by  the  licensee  under  the  said  copyright  and  of  the  price  or  prices 
charged  therefor ; 

(b)  All  items  of  cost  incurred  in  the  use  of  said  copyright  work 
and  in  the  manufacture  and  sale  of  such  copyright  work,  and 

•  (c)  All  other  matters  and  things  which,  in  the  opinion  of  the  Fed- 
eral Trade  Commission,  may  be  material  for  the  purpose  of  showing 
the  amounts  from  time  to  time  payable  by  the  licensee  concerning 
such  royalty,  and  what  is  a  fair  and  reasonable  price  to  the  public 
for  such  copyright  work. 


UNITED   STATES   OF   AMERICA.  471 

The  licensee  shall,  within  10  days  after  each  of  the  semiannual 
days  aforesaid,  deliver  a  sworn  statement  to  the  Federal  Trade  Com- 
mission in  writing  showing  the  aforesaid  particulars. 

The  licensee  shall  during  the  continuance  of  this  license  give  all 
such  information  as  the  Federal  Trade  Commission  may  consider  to 
be  material  for  the  purpose  of  ascertaining  the  amount  of  royalty 
payable  by  the  licensee  under  this  license,  the  cost  of  producing,  and 
the  price  or  prices  charged  by  the  licensee  for  the  said  copyright 
work,  and  for  that  purpose  shall,  if  requested  by  the  Federal  Trade 
Commission,  permit  such  person  or  persons  as  shall  be  authorized 
in  that  behalf  by  the  Federal  Trade  Commission  at  any  time  or  times 
to  enter  upon  and  inspect  any  factory  or  place  of  business  of  the  li- 
censee in  which  the  use  or  manufacture  of  the  said  copyright  work 
shall  be  carried  on,  and  all  books,  papers,  and  documents  of  such 
licensee  relating  to  such  use,  manufacture,  and  sale. 

If  any  payment  under  this  license  shall  not  be  made  within  one 
month  after  the  same  shall  have  become  due  under  the  provisions 
herein  contained  (whether  demand  therefor  shall  have  been  made 
or  not) ,  or  if  the  licensee  shall  or  shall  attempt  to  assign  or  part  with 
the  benefit  of  or  grant  any  sublicense  under  this  license,  or  shall 
make  default  in  the  performance  or  observance  of  any  obligation  on 
his  part  herein  contained,  or  shall  have  violated  any  of  the  condi- 
tions of  this  license  or  any  of  the  provisions  of  the  statute  under 
which  it  is  granted,  and  if  after  10  days'  notice,  in  writing,  shall  have 
failed  to  comply  with  the  aforesaid,  then  the  Federal  Trade  Com- 
mission may,  by  notice  in  writing,  and  after  a  hearing,  cancel  and 
terminate  this  license  as  from  the  date  of  such  notice,  but  without 
prejudice  to  and  so  as  not  in  any  manner  to  affect  any  liability  here- 
under  on  the  part  of  the  licensee  which  may  then  be  subsisting  or 
have  accrued. 

If  in  the  opinion  of  t;.o  .Federal  Trade  Commission  the  licensee 
has  failed  to  use  this  license  so  as  to  satisfy  the  reasonable  require- 
ment of  the  public  with  regard  to  the  copyright  work;  or 

If  in  the  opinion  of  the  Federal  Tra,de  Commission  the  licensee 
has  failed  to  supply  to  the  public  the  copyright  work  at  reasonable 
prices;  or 

If  in  the  opinion  of  the  Federal  Trade  Commission  the  licensee 
has  charged  unreasonable  or  excessive  prices  for  said  copyright 
work;  or 

Circumstances  have  arisen  which  in  the  opinion  of  the  Federal 
Trade  Commission  make  it  just  and  equitable  that  this  license  be 
canceled  in  whole  or  in  part ; 

The  Federal  Trade  Commission  may,  in  its  discretion,  give  notice 
in  writing  to  the  licensee  to  terminate  this  license  in  whole  or  in  part, 


472  UNITED  STATES  OF  AMERICA. 

and  if  canceled  and  terminated  the  same  shall  be  without  prejudice 
to  and  so  as  not  in  any  manner  to  affect  any  liability  hereunder  on 
the  part  of  the  licensee  which  may  then  be  subsisting  or  have  accrued. 

Any  sums  which  may  at  any  time  be  payable  by  the  licensee  under 
the  provisions  of  this  license  shall  be  a  debt  due  from  the  licensee  to 
the  people  of  the  United  States  and  shall  be  recovered  in  an  appro- 
priate action  in  the  name  of  the  people  of  the  United  States  against 
the  licensee. 

Dated ,191— 

Accepted  and  agreed  to. 


--5 

Licensee. 

If  the  licensee  is  not  to  be  the  actual  manufacturer  or  producer  of 
the  copyright  work,  the  licensee  will  be  held  accountable  to  the  Fed- 
eral Trade  Commission  for  the  observance  of  the  terms  of  his  license 
by  the  actual  manufacturer  or  producer  of  the  work,  and  the  license 
will  contain  the  following  addendum,  naming  the  actual  manufac- 
turer or  producer  of  the  work,  who  shall  sign : 

,  the  manufacturer  for r 

the  licensee  of  the  copyright  work  herein  licensed,  separately  agrees 
to  keep  separate  books  containing  full  particulars  of  all  such  copy- 
right works  manufactured  and  the  cost  thereof,  sold  to 

,  the  licensee,  and  the  price  or  prices  charged  therefor,  and 

his  books  and  plant  shall  be  open  to  inspection  in  the  same  manner 
as  provided  for  the  licensee.  The  licensee  and  the  undersigned,  dur- 
ing the  continuance  of  the  license,  shall  furnish  or  procure  to  be 
furnished  all  such  information  as  the  Federal  Trade  Commission 
may  consider  to  be  material  for  the  purpose  of  ascertaining  the 
amount  of  royalty  payable  by  the  licensee,  the  cost  of  producing  or 
procuring  the  copyright  work,  the  price  or  prices  charged  therefor, 
and  shall  permit  or  procure  permission  to  be  given  to  such  person 
or  persons  as  shall  be  authorized  in  that  behalf  by  the  Federal  Trade 
Commission  at  any  time  or  times  to  enter  upon  and  inspect  any  fac- 
tory or  place  of  business  in  which  the  manufacture  of  the  copyright 
work  shall  be  carried  on  by  the  undersigned  for  the  licensee,  and 
all  books,  papers,  and  documents  relating  to  such  manufacture  and 
sale. 

The  undersigned,  manufacturer,  is  not  authorized  to  exercise  any 
right  conferred  by  the  copyright  statutes  with  respect  to  the  copy- 
right work  here  involved  except  for __.  the  li- 
censee, and  not  further  or  otherwise,  and  the  undersigned  under- 
takes to  observe  and  perform  the  terms  and  conditions  of  the  license 
to to  which  this  is  attached. 

Dated _,  191__ 

Accepted  and  agreed  to. 


UNITED  STATES  OF  AMERICA.  473 

A  surety  company  bond  may  be  required  of  the  licensee,  if,  in  the 
opinion  of  the  Federal  Trade  Commission,  it  is  necessary  to  safe- 
guard the  public  interest. 

PATENTS— TRADE-MARKS— TRADE  NAMES—"  SALVARSAN  "— "  606  "— 
"  ARSENOBENZOL,  " — "  ARSAMINOL  " — LICENSE  TO  MANUFACTURE  AND 
VEND  UNDER  TRADE  NAME  "ARSPHENAMINE" — "WAR  MEASURES" — 
TRADING  WITH  THE  ENEMY. 

[Act,  sec.  10— Order  of  Nov.  30,  1917.] 

The  Federal  Trade  Commission  has  authorized  the  following: 
The  Federal  Trade  Commission  to-day  entered  orders  for  licenses 
to  three  firms  to  manufacture  and  sell  the  product  heretofore  known 
under  the  trade  names  of  "  Salvarsan,"  "  606,"  "  Arsenobenzol,"  "  Ar- 
saminol,"  patent  rights  which  have  been  held  by  German  subjects. 
The  orders  for  licenses  are  subject  to  acceptance  and  agreements  by 
the  licensees  to  the  stipulations  made  by  the  commission.  Upon  such 
acceptance  and  agreement  licenses  Nos.  1,  2,  and  3  will  be  formally 
granted  by  Secretary  L.  L.  Bracken,  acting  for  the  commission. 

Hereafter  this  important  drug  will  be  manufactured  and  sold 
under  the  name  of  "  Arsphenamine." 

AUTHORITY  FOR   ACTION. 

The  Trade  Commission's  action  was  taken  under  section  10  of  the 
trading-with-the-enemy  act,  under  direction  of  Commissioner  Fort, 
upon  recommendation  of  C.  H.  McDonald,  Edward  S.  Rogers,  and 
Francis  Phelps,  in  charge  of  granting  such  licenses.  The  Public 
Health  Service  has  prepared  rules  and  standards  for  the  manufac- 
ture and  testing  of  "  Arsphenamine,"  and  will  supervise  its  manufac- 
ture, authority  having  been  conferred  on  the  Public  Health  Service 
by  the  Secretary  of  the  Treasury,  and  the  observance  of  the  rules 
and  standards  become  a  condition  of  the  license. 

The  three  firms  which  will  be  hereby  permitted  to  manufacture  and 
sell  "  Arsphenamine  "  are  Dermatological  Research  Laboratories,  of 
Philadelphia;  Takamine  Laboratory  (Inc.),  of  New  York;  and  Farb- 
werke  Hoechst  Co.  (Herman  A.  Metz  Laboratory),  of  New  York. 
The  original  patent  for  manufacture  of  what  has  heretofore  been 
known  as  "  Salvarsan,"  etc.,  was  issued  to  Paul  Ehrlich  and  Alfred 
Bertheim,  German  subjects,  and  assigned  to  Farbwerke  Vormals 
Meister,  Lucius  and  Brlining,  of  Hoechst  on  the  Main,  Germany. 

The  supply,  of  the  drug  now  licensed  to  be  made  in  America,  up 
to  1915,  was  almost  exclusively  obtained  by  importation  from  Ger- 
many. It  is  at  present  the  only  known  specific  for  virulent  blood 
poison.  From  the  outbreak  of  the  war  importation  became  more 
difficult. 


474  UNITED  STATES   OF   AMERICA. 

PRICE  OF  DRUG. 

Before  the  war  began  the  patent  drug  was  sold  at  $4  per  dose, 
which  is  approximately  $3,500  per  pound,  and  speculatively  it  has 
brought  as  high  as  $35  per  dose.  While  the  price  of  the  product  is 
not  fixed  at  this  time  by  the  commission,  the  right  to  fix  prices  is  re- 
tained, and  a  price  of  $1  per  dose  to  the  Army  and  Navy,  $1.25  per 
dose  for  hospitals,  and  $1.50  per  dose  for  physicians  are  the  prices 
at  which  some,  at  least,  of  the  licensees  have  stated  that  they  intend 
to  offer  the  licensed  drug. 

The  enormous  shortage  of  supply  of  this  important  product  will 
immediately  be  relieved,  and  the  article  placed  in  the  hands  of  the 
Government,  the  hospitals,  and  the  medical  profession  at  a  price 
lower  than  ever  before. 

(From  1  Official  Bulletin,  Washington,  Nov.  30,  1917.) 


EXECUTIVE  ORDER  REVOKING  POWER  AND  AUTHORITY  IN  DESIGNATED 
OFFICERS  UNDER  THE  TRADING- WITH-THE-ENEMY  ACT. 

By  virtue  of  the  power  and  authority  vested  in  nie  by  "  an  act  to 
define,  regulate,  and  punish  trading  with  the  enemy,  and  for  other 
purposes,"  approved  October  6,  1917,  I  hereby  make  the  following 
orders  and  rules  and  regulations: 

SECRETARY  OF  THE  TREASURY. 

I.  I  hereby  revoke  the  authority  and  power  vested  in  the  Secretary 
of  the  Treasury  by  Section  XI  of  the  Executive  order  of  October  12- 
1917,  to  issue  licenses  to  send,  take,  or  transmit  out  of  the  United 
States  any  letter  or  other  writing,  book,  map,  plan,  or  other  paper, 
picture,  or  any  telegram,  cablegram,  or  wireless  message,  or  other 
form  of  communication  intended  for  or  to  be  delivered,  directly  or 
indirectly,  to  an  enemy  or  ally  of  enemy,  in  any  way  relating  to  let- 
ters patent,  or  registration  of  trade-mark,  print,  label,  or  copyright, 
or  to  any  applications  therefor ;  and  no  such  license  shall  be  granted 
until  further  order. 

FEDERAL  TRADE  COMMISSION. 

II.  I  hereby  revoke  the  power  and  authority  vested  in  the  Federal 
Trade  Commission  by  Section  XVII  of  the  Executive,  order  of  Oc- 
tober 12,  1917,  to  issue  licenses  to  any  citizens  of  the  United  States, 
or  any  corporation  organized  within  the  United  States,  to  file  or 
prosecute  applications  in  the  country  of  an  enemy  or  ally  of  enemy 


UNITED  STATES  OP   AMERICA.  475 

for  letters  patent  or  for  registration  of  trade-mark,  print,  label,  or 
copyright,  and  to  pay  any  fees  or  agents'  fees  in  connection  there- 
with, or  to  pay  to  any  enemy  or  ally  of  enemy  any  tax,  annuity,  or 
fee  in  relation  to  patents,  trade-marks,  prints,  labels,  and  copyrights; 
and  no  such  license  shall  be  granted  until  further  order. 

WOODROW  WILSON. 
THE  WHITE  HOUSE, 

11  April,  1918. 


UNLICENSED  USE  BY  THE  UNITED  STATES  OF  PATENTED  INVENTIONS — 
COMPENSATION  SECURED  BY  SUIT  IN  COURT  OF  CLAIMS. 

[PUBLIC — No.  182 — 65TH  CONGRESS.] 

[H.  R.  10854.] 

An  act  making  appropriations  for  the  naval  service  for  the  fiscal 
year  ending  June  30,  1919,  and  for  other  purposes. 

Be  it  enacted  ~by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled: 

******* 

The  act  entitled  "An  act  to  provide  additional  protection  for  the 
owners  of  patents  of  the  United  States,  and  for  other  purposes,"  ap- 
proved June  25,  1910,  shall  be,  and  the  same  is  hereby,  amended  to 
read  as  follows,  namely : 

That  whenever  an  invention  described  in  and  covered  by  a  patent  of  the 
United  States  shall  hereafter  be  used  or  manufactured  by  or  for  the  United 
States  without  license  of  the  owner  thereof  or  lawful  right  to  use  or  manu- 
facture the  same,  such  owner's  remedy  shall  be  by  suit  against  the  United 
States  in  the  Court  of  Claims  for  the  recovery  of  his  reasonable  and  entire 
compensation  for  such  use  and  manufacture:  Provided,  hotvever,  That  said 
Court  of  Claims  shall  not  entertain  a  suit  or  award  compensation  under  the 
provisions  of  this  act  where  the  claim  or  compensation  is  based  on  the  use  or 
manufacture  by  or  for  the  United  States  of  any  article  heretofore  owned, 
leased,  used  by,  or  in  the  possession  of  the  United  States : 

Provided  further,  That  in  any  such  suit  the  United  States  may  avail  itself 
of  any  and  all  defenses,  general  or  special,  that  might  be  pleaded  by  a  de- 
fendant in  an  action  for  infringement,  as  set  forth  in  title  60  of  the  Revised 
Statutes,  or  otherwise : 

And  provided  further,  That  the  benefits  of  this  act  shall  not  inure  to  any 
patentee  who,  when  he  makes  such  claim,  is  in  the  employment  or  service  of 
the  Government  of  the  United  States,  or  the  assignee  of  any  such  patentee; 
nor  shall  this  act  apply  to  any  device  discovered  or  invented  by  such  employee 
during  the  time  of  his  employment  or  service. 

*  *  *  *  *  *  * 

Approved  July  1,  1918. 

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